United States v. Roger Koch

1The Honorable Ralph R. Erickson, United States District Judge for the District
of North Dakota.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 06-1836
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* District of North Dakota.
Tyler Joseph Berglund, *
* [UNPUBLISHED]
Appellant. *
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Submitted: June 6, 2007
Filed: June 22, 2007
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Before RILEY, MAGILL, and MELLOY, Circuit Judges.
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PER CURIAM.
Tyler Joseph Berglund (Berglund) appeals the 282-month prison sentence the
district court 1 imposed after Berglund pled guilty to drug conspiracy and firearms
charges. In a brief filed under Anders v. California, 386 U.S. 738 (1967), his counsel
argues that the district court’s sentence was “[e]rroneously [e]xaggerated by a
[m]isapplication of the Sentencing Guidelines” and that the court erred in failing to
grant a greater downward departure at sentencing.

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-2-
We enforce the broad appeal waiver included in Berglund’s plea agreement
because (1) the plea colloquy reflects that Berglund understood and voluntarily
accepted the terms of the plea agreement, including the waiver; (2) this appeal falls
within the scope of the waiver; and (3) 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).
Having reviewed the record independently pursuant to Penson v. Ohio, 488
U.S. 75, 80 (1988), for any nonfrivolous issue not covered by the waiver, we find
none. Therefore, we enforce the waiver and dismiss the appeal. We also grant
counsel’s motion to withdraw.
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