Thomas Evenstad v. Terry L. Carlson

1The Honorable Richard E. Dorr, United States District Judge for the Western
District of Missouri.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 05-4126
___________
United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* Western District of Missouri.
Rebecca S. Shriver, *
* [UNPUBLISHED]
Appellant. *
___________
Submitted: November 6, 2006
Filed: November 9, 2006
___________
Before MURPHY, BYE, and MELLOY, Circuit Judges.
___________
PER CURIAM.
Rebecca Shriver appeals the sentence the district court 1 imposed after she
pleaded guilty to distributing methamphetamine, in violation of 21 U.S.C. § 841(a)(1)
and (b)(1)(C). Her counsel has moved to withdraw and filed a brief under Anders v.
California, 386 U.S. 738 (1967).
Shriver’s plea agreement contains a valid appeal waiver. See United States v.
Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc) (discussing enforceability of

-- 1 of 2 --

-2-
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 issues not covered by the appeal waiver, we find none. Accordingly, we
enforce the waiver and dismiss the appeal. We also grant counsel leave to withdraw.
______________________________

-- 2 of 2 --