United States v. Duane Maulding , 27 F. App'x 710 ( 2001 )


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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    Duane Maulding,                           * [Not To Be Published]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