United States v. Ernest Britten

Filing

PER CURIAM OPINION FILED - THE COURT: Bobby E. Shepherd, Morris S. Arnold and Jane Kelly (UNPUBLISHED) [4474514] [16-2087]

United States Court of Appeals
For the Eighth Circuit
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No. 16-2087
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Ernest Andrew Britten
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - Joplin
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Submitted: November 28, 2016
Filed: December 1, 2016
[Unpublished]
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Before SHEPHERD, ARNOLD, and KELLY, Circuit Judges.
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PER CURIAM.
Ernest Britten appeals the sentence the district court1 imposed after he pleaded
guilty to a child-pornography charge. His counsel has moved to withdraw and filed
a brief under Anders v. California, 386 U.S. 738 (1967).
1

The Honorable Stephen R. Bough, United States District Judge for the
Western District of Missouri.
Appellate Case: 16-2087

Page: 1

Date Filed: 12/01/2016 Entry ID: 4474514

Britten pleaded guilty after entering into a written plea agreement containing
an appeal waiver. We conclude that the appeal waiver is enforceable. 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, 890-92 (8th
Cir. 2003) (en banc) (discussing enforcement of appeal waivers). Furthermore, we
have independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988),
and have found no non-frivolous issues for appeal. Accordingly, we grant counsel’s
motion and dismiss this appeal.
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Appellate Case: 16-2087

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Date Filed: 12/01/2016 Entry ID: 4474514