United States v. Amesheo D. Cannon

05-3019Court of Appeals for the Eighth CircuitJan 31, 2007

Full text

1The Honorable Ralph R. Erickson, United States District Judge for the District
of North Dakota.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 05-3777
___________
United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* District of North Dakota.
Stephan Troy Anderson, *
* [UNPUBLISHED]
Appellant. *
___________
Submitted: January 5, 2007
Filed: January 11, 2007
___________
Before RILEY, COLLOTON, and GRUENDER, Circuit Judges.
___________
PER CURIAM.
Stephan Troy Anderson appeals the sentence the district court 1 imposed after
he pleaded guilty to a drug conspiracy. In a brief filed under Anders v. California,
386 U.S. 738 (1967), his counsel raises the contention that the charge should be
dismissed because Anderson was the only person named in the information charging
a conspiracy with persons both known and unknown, and one cannot conspire with
oneself.

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-2-
We enforce the broad appeal waiver included in Anderson’s plea agreement:
the plea colloquy reflects that Anderson understood and voluntarily accepted the terms
of the plea agreement, including the waiver; this appeal falls within the scope of the
waiver; and no injustice would result. See United States v. Andis, 333 F.3d 886, 889-
92 (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. We grant counsel’s motion to withdraw.
______________________________

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