United States v. Ernest Britten


PER CURIAM OPINION FILED - THE COURT: Bobby E. Shepherd, Morris S. Arnold and Jane Kelly (UNPUBLISHED) [4474514] [16-2087]

Download PDF
United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-2087 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Ernest Andrew Britten lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Joplin ____________ Submitted: November 28, 2016 Filed: December 1, 2016 [Unpublished] ____________ Before SHEPHERD, ARNOLD, and KELLY, Circuit Judges. ____________ 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. ______________________________ -2- Appellate Case: 16-2087 Page: 2 Date Filed: 12/01/2016 Entry ID: 4474514

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?