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22 F. App'x 676

United States v. Andre Lamar Plummer

U.S. Courts of Appeals

Decided December 4, 2001

U.S. Courts of Appeals · decided 2001-12-04

Cited by 1 later decisions — most recently July 2003

1 federal appellate ·

Applies 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act)

Relies on Anders v. California · Penson v. Ohio · United States v. Nguyen

Good law ✅— No negative treatment on recordhow we know

Decided 2001-12-04

View the full empirical analysis of this case →

PER CURIAM.

¶1 Andre Lamar Plummer appeals from the final judgment entered in the District Court 1 for the Northern District of Iowa after he pleaded guilty to possessing cocaine with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). The district court sentenced appellant to 180 months imprisonment and three years supervised release. On appeal, Plummer’s counsel has filed a brief — noting that the court departed upward under U.S.S.G. § 4A1.3 — and has moved to withdraw under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Plum-mer has not filed a pro se supplemental brief. For the reasons discussed below, we affirm the judgment of the district court.

¶2*677 Plummer expressly and voluntarily agreed in open court to the district court’s upward departure and the resulting 180-month sentence, foreclosing an appellate challenge to these matters. See United States v. Nguyen, 46 F.3d 781, 783 (8th Cir.1995). We have found no nonfrivolous issues for appeal after reviewing the record independently pursuant to Tenson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988).

¶3 Accordingly, we affirm the judgment of the district court, and we grant counsel’s motion to withdraw.

1

¶4 . The Honorable Mark W. Bennett, Chief Judge, United States District Court for the Northern District of Iowa.

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