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United States Court of Appeals FOR THE EIGHTH CIRCUIT ____________ No. 00-3784SI ____________ United States of America, * * On Appeal from the United Appellee, * States District Court * for the Southern District v. * of Iowa. * Duane Maulding, * [Not To Be Published] * Appellant. * ___________ Submitted: October 31, 2001 Filed: November 8, 2001 ___________ Before HANSEN, RICHARD S. ARNOLD, and FAGG, Circuit Judges. ___________ PER CURIAM. Duane Maulding pleaded guilty to conspiring to distribute and possess with intent to distribute cocaine in violation of
21 U.S.C. § 846, and to using, carrying, and possessing a firearm in relation to a drug offense in violation of
18 U.S.C. § 924(c)(1). The District Court1 sentenced him to seven years and seven months (eighty-nine months) imprisonment on the drug count, a consecutive term of five years (sixty months) imprisonment on the firearm count, and concurrent supervised 1 The Honorable Harold D. Vietor, United States District Judge for the Southern District of Iowa. release terms of four years and three years, respectively. On appeal, Maulding’s counsel has moved to withdraw under Anders v. California,
386 U.S. 738(1967), submitting a brief raising one issue for appeal; Maulding was invited to file a pro se supplemental brief, but he has not filed one. Having thoroughly reviewed the record, we conclude that, in accordance with the appeal-waiver clause in his plea agreement, Maulding knowingly and voluntarily waived his right to appeal his conviction and sentence. When receiving Maulding’s guilty plea, the District Court carefully questioned him about the appeal waiver, and was given his unequivocal assurances that he understood the waiver and that it was his own voluntary decision to waive his appeal rights. See United States v. Berberich,
254 F.3d 721, 724 (8th Cir. 2001), petition for cert. filed (U.S. Sept. 24, 2001) (No. 01-6574). Accordingly, we enforce the appeal waiver, dismiss this appeal, see
id. at 725, and grant counsel’s motion to withdraw. A true copy. Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT. -2-
Document Info
Docket Number: 00-3784
Citation Numbers: 27 F. App'x 710
Filed Date: 11/8/2001
Precedential Status: Non-Precedential
Modified Date: 1/12/2023