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United States v. Storm

United States Court of Appeals For the Eighth Circuit
Mar 10, 2017
No. 16-3305 (8th Cir. Mar. 10, 2017)

Opinion

No. 16-3305

03-10-2017

United States of America Plaintiff - Appellee v. Aaron Lawrence Storm Defendant - Appellant


Appeal from United States District Court for the Southern District of Iowa - Des Moines [Unpublished] Before SMITH, BOWMAN, and BENTON, Circuit Judges. PER CURIAM.

Aaron Storm appeals after he pleaded guilty to child-pornography and attempted-kidnapping charges, under a written plea agreement containing an appeal waiver, and the District Court imposed the agreed-upon sentence. At his sentencing hearing, Storm moved pro se to withdraw his guilty plea, and the court denied his motion. On appeal, Storm's counsel has moved for leave to withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the denial of Storm's motion to withdraw his plea. Storm has not filed a pro se brief.

The Honorable John A. Jarvey, Chief Judge, United States District Court for the Southern District of Iowa. --------

We conclude that the appeal waiver is enforceable and applicable to the issue raised in this appeal, based in part on Storm's own statements at his change-of-plea hearing. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (reviewing de novo the validity and applicability of an appeal waiver); United States v. Andis, 333 F.3d 886, 889-92 (8th Cir.) (en banc) (discussing enforcement of appeal waivers), cert. denied, 540 U.S. 997 (2003); see also Nguyen v. United States, 114 F.3d 699, 703 (8th Cir. 1997) (noting that a defendant's representations made during a plea hearing are presumed to be true).

We have independently reviewed the record under Penson v. Ohio, 488 U.S. 75, 80 (1988), and have found no non-frivolous issues for appeal outside the scope of the waiver. Accordingly, we grant counsel's motion, and we dismiss this appeal.


Summaries of

United States v. Storm

United States Court of Appeals For the Eighth Circuit
Mar 10, 2017
No. 16-3305 (8th Cir. Mar. 10, 2017)
Case details for

United States v. Storm

Case Details

Full title:United States of America Plaintiff - Appellee v. Aaron Lawrence Storm…

Court:United States Court of Appeals For the Eighth Circuit

Date published: Mar 10, 2017

Citations

No. 16-3305 (8th Cir. Mar. 10, 2017)