United States v. Brian Bear Heels

1The Honorable Daniel L. Hovland, Chief Judge, United States District Court
for the District of North Dakota.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 05-2927
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* District of North Dakota.
Gregory Jerome Cree, *
* [UNPUBLISHED]
Appellant. *
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Submitted: October 6, 2006
Filed: October 11, 2006
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Before RILEY, COLLOTON, and GRUENDER, Circuit Judges.
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PER CURIAM.
Gregory Cree appeals the sentence imposed by the district court 1 after he
pleaded guilty, pursuant to a plea agreement, to a one-count information charging him
with abusive sexual contact, in violation of 18 U.S.C. §§ 2244(a)(2), (c), 2247 and
1153. His counsel seeks to withdraw and argues in a brief filed under Anders v.
California, 386 U.S. 738 (1967), that imposing the statutory maximum prison term
(144 months) was unreasonable.

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-2-
We enforce the broad appeal waiver included in the plea agreement: the plea
colloquy reflects that Cree understood and voluntarily accepted the terms of the plea
agreement, including the waiver; this appeal falls within the scope of the waiver, as
the sentence did not exceed the advisory Guidelines range or the statutory maximum;
and no injustice would result from enforcing the waiver. See United States v. Andis,
333 F.3d 886, 889-90 (8th Cir. 2003) (en banc) (discussing enforceability of appeal
waiver); see also United States v. Estrada-Bahena, 201 F.3d 1070, 1071 (8th Cir.
2000) (per curiam) (enforcing appeal waiver in Anders case).
Accordingly, we dismiss the appeal and we grant counsel leave to withdraw.
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