United States v. Michael Dale

1The Honorable Scott O. Wright, United States District Judge for the Western
District of Missouri.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 10-1077
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United States of America, *
*
Appellee, * Appeal from the United States
* District Court for the
v. * Western District of Missouri.
*
Ricky Christian Horstman, * [UNPUBLISHED]
*
Appellant. *
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Submitted: July 21, 2010
Filed: July 27, 2010
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Before Judges BYE, BOWMAN, and COLLOTON, Circuit Judges.
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PER CURIAM.
Ricky Horstman appeals the sentence the District Court 1 imposed after he
pleaded guilty to one count of possession of child pornography. His counsel has
moved to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738
(1967), arguing that the court misapplied the Guidelines and imposed an unreasonable
sentence. Upon careful review, we grant counsel’s motion to withdraw, and we
dismiss the appeal based upon an appeal waiver contained in Horstman’s plea
agreement. See United States v. Andis, 333 F.3d 886, 889–92 (8th Cir.) (en banc)

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(holding that enforcement of an appeal waiver in a plea agreement is appropriate
where the appeal falls within the scope of the waiver, the defendant entered into both
the plea agreement and the appeal waiver knowingly and voluntarily, and enforcement
of the waiver would not result in a miscarriage of justice), cert. denied, 540 U.S. 997
(2003); United States v. Estrada-Bahena, 201 F.3d 1070, 1071 (8th Cir. 2000) (per
curiam) (enforcing an appeal waiver in an Anders case).
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