United States of America v. Michael Terrell Williams

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted August 18, 2009
Decided Nocember 4, 2009
Before
ANN CLAIRE WILLIAMS, Circuit Judge
DIANE S. SYKES, Circuit Judge
JOHN DANIEL TINDER, Circuit Judge
No. 08‐3607
UNITED STATES OF AMERICA,
Plaintiff‐Appellee,
v.
MICHAEL TERRELL WILLIAMS,
Defendant‐Appellant.
Appeal from the United States District
Court for the Northern District of Indiana,
South Bend Division.
No. 3:07‐cr‐00133‐RLM‐CAN‐1
Robert L. Miller, Jr.,
Chief Judge.
O R D E R
Michael Williams pleaded guilty to possessing marijuana with intent to distribute,
see 21 U.S.C. § 841(a)(1), and using a firearm in furtherance of the drug offense, see 18 U.S.C.
§ 924(c). As part of his plea agreement Williams waived his right to appeal, and the district
court sentenced him to 192 months’ imprisonment. Williams appealed anyway, but his
appointed counsel have moved to withdraw because they cannot discern a nonfrivolous
NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with
Fed. R. App. P. 32.1

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No. 08‐3607 Page 2
basis for appeal. See Anders v. California, 386 U.S. 738 (1967). Williams has not responded to
our invitation to comment on counsel’s motion. See CIR. R. 51(b). Our review is confined to
the potential issues identified in counsel’s facially adequate supporting brief. See United
States v. Schuh, 289 F.3d 968, 973‐74 (7th Cir. 2002).
Williams does not want his guilty plea set aside, so counsel correctly refrained from
examining the adequacy of the plea colloquy or voluntariness of the plea. See United States
v. Knox, 287 F.3d 667, 670‐72 (7th Cir. 2002). The plea agreement and appeal waiver are thus
enforceable, see Nunez v. United States, 546 F.3d 450, 454‐55 (7th Cir. 2008); United States v.
Wilson, 481 F.3d 475, 483 (7th Cir. 2007), rendering this appeal frivolous.
Accordingly, we GRANT counsel’s motion to withdraw and DISMISS the appeal.

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