Linda M. White v. Riverview School

1The Honorable Gary A. Fenner, United States District Judge for the Western
District of Missouri.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 05-4394
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* Western District of Missouri.
Todd Andes, *
* [UNPUBLISHED]
Appellant. *
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Submitted: April 2, 2007
Filed: April 6, 2007
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Before COLLOTON, HANSEN, and BENTON, Circuit Judges.
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PER CURIAM.
Todd Andes appeals the sentence the district court 1 imposed after he pleaded
guilty to a felon-in-possession offense. In a brief filed under Anders v. California,
386 U.S. 738 (1967), his counsel asserts that Andes’s 188-month sentence is excessive
and that the district court violated Andes’s rights when it enhanced his sentence based
on prior convictions.

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We enforce the broad appeal waiver included in Andes’s plea agreement: the
plea colloquy reflects that Andes 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, and we grant counsel leave to withdraw.
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