297 F. App'x 578

UNITED STATES of America, Appellee, v. Quincy Deron DONNELL, Appellant.

No. 07-2813.

United States Court of Appeals, Eighth Circuit.

Submitted: Oct. 21, 2008.

Filed: Oct. 30, 2008.

Ronna Holloman-Hughes, Asst. Fed. Public Defender, Kansas City, MO (Raymond C. Conrad, Jr., Fed. Public Defender, on the brief), for appellant.

David A. Barnes, Asst. U.S. Atty., Kansas City, MO, for appellee.

Before MURPHY, BYE, and BENTON, Circuit Judges.

PER CURIAM.

Quincy Deron Donnell appeals his sentence imposed by the district court1 following Donnell’s guilty plea to possessing more than 5 grams of crack cocaine with intent to distribute, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(B). Donnell’s counsel has moved to withdraw and filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), arguing that the district court erred in calculating Donnell’s advisory Sentencing Guidelines range.

*579Donnell’s written plea agreement contains a broad waiver of the right to appeal his sentence. We enforce the waiver, because Donnell knowingly and voluntarily entered into both the plea agreement and the appeal waiver, the argument on appeal falls within the scope of the waiver, and no injustice would result from enforcing it. See United States v. Andis, 333 F.3d 886, 889-92 (8th Cir.2003) (en banc).

Having reviewed the record independently under Penson v. Ohio, 488 U.S. 75, 80, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no nonfrivolous issues for appeal beyond the scope of the appeal waiver. Accordingly, we dismiss this appeal. We also grant defense counsel’s motion to withdraw on condition that counsel inform appellant about the procedures for filing petitions for rehearing and for certiorari.

United States v. Donnell
297 F. App'x 578

Case Details

Name
United States v. Donnell
Decision Date
Oct 30, 2008
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297 F. App'x 578

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United States

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