No. 10-3662.United States Court of Appeals, Eighth Circuit.Submitted: April 15, 2011.
Filed: April 19, 2011.
Appeal from the United States District Court for the Eastern District of Missouri.
Tiffany Gulley Becker, Assistant U.S. Attorney, U.S. Attorney’s Office, St. Louis, MO, for Appellee.
Rocky Joseph Gendron, Texarkana, TX, pro se.
Steven Vincent Stenger, Klar Izsak, St. Louis, MO, for Appellant.
Before LOKEN, MURPHY, and COLLOTON, Circuit Judges.
[UNPUBLISHED]
PER CURIAM.
Pursuant to a written plea agreement, Rocky Gendron pleaded guilty to conspiracy to possess with intent to distribute more than 50 grams of “cocaine base (crack cocaine)” in violation of 21 U.S.C. §§ 841(a)(1), 846. The district court[1]
sentenced him to 120 months in prison and 5 years of supervised release. On appeal, his counsel has moved to withdraw and has filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Gendron has filed two supplemental briefs.
The plea agreement in this case contains a waiver of Gendron’s right to appeal all nonjurisdictional and sentencing issues, except those relating to his criminal history and career offender status. We will enforce the appeal waiver: the transcript of Gendron’s plea hearing shows that he entered into both the plea agreement and the appeal waiver knowingly and voluntarily; the arguments raised on appeal fall within the scope of the waiver; and we cannot see any miscarriage of justice that would result from enforcing the waiver in these circumstances, especially because Gendron received the statutory minimum sentence. See United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc).
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Finally, having reviewed the record independently pursuant t Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no nonfrivolous issues outside the scope of the waiver. Accordingly we grant counsel’s motion to withdraw, and we dismiss this appeal, on the condition that counsel inform Gendron about procedures for seeking rehearing or filing a petition for a writ of certiorari.