United States v. Dennis Grippando

Filing

PER CURIAM OPINION FILED - THE COURT: James B. Loken, Duane Benton and Jane Kelly (UNPUBLISHED); Granting [4347536-2] motion to withdraw as counsel filed by Ms. Katrina Y. Robertson. [4439724] [15-3464]

United States Court of Appeals
For the Eighth Circuit
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No. 15-3464
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Dennis Gene Grippando
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - St. Joseph
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Submitted: August 17, 2016
Filed: August 22, 2016
[Unpublished]
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Before LOKEN, BENTON, and KELLY, Circuit Judges.
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PER CURIAM.
Dennis Gene Grippando pled guilty to conspiring to distribute a mixture with
a detectable amount of methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1),
(b)(1)(c), and 846; and to conspiring to commit money laundering, in violation of 18
U.S.C. §§ 1956(a)(1)(A)(i) and (h). He directly appeals the within-guidelines

Appellate Case: 15-3464

Page: 1

Date Filed: 08/22/2016 Entry ID: 4439724

sentence imposed by the district court.1 His counsel has moved to withdraw, and filed
a brief under Anders v. California, 386 U.S. 738 (1967). Having jurisdiction under
28 U.S.C. § 1291, this court dismisses the appeal.
Grippando’s plea agreement contains an appeal waiver that prevents
consideration of this claim and should be enforced. See United States v. Scott, 627
F.3d 702, 704 (8th Cir. 2010) (de novo review of validity and applicability of appeal
waiver); United States v. Andis, 333 F.3d 886, 889-90 (8th Cir. 2003) (en banc) (court
should enforce appeal waiver and dismiss appeal where it falls within scope of waiver,
plea agreement and waiver were entered into knowingly and voluntarily, and no
miscarriage of justice would result). An independent review of the record reveals no
non-frivolous issues for appeal outside the scope of the appeal waiver. See Penson
v. Ohio, 488 U.S. 75 (1988).
The appeal is dismissed and counsel's motion to withdraw is granted.
______________________________

1

The Honorable Greg Kays, Chief Judge, United States District Court for the
Western District of Missouri.
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Appellate Case: 15-3464

Page: 2

Date Filed: 08/22/2016 Entry ID: 4439724