United States of America v. Dwayne Warren Gerard, Sr.

United States Court of Appeals
For the Eighth Circuit
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No. 22-3614
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United States of America
Plaintiff - Appellee
v.
Dwayne Warren Gerard, Sr.
Defendant - Appellant
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Appeal from United States District Court
for the District of North Dakota - Western
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Submitted: September 18, 2023
Filed: October 31, 2023
[Unpublished]
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Before COLLOTON, GRASZ, and KOBES, Circuit Judges.
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PER CURIAM.
Dwayne Gerard pleaded guilty to sexually exploiting children, 18 U.S.C.
§ 2251(a), (e). His only claim of error is that his sentence is substantively
unreasonable. He concedes that he waived his right to appeal in his plea agreement
but argues that enforcing the waiver would result in a miscarriage of justice. See
United States v. Andis, 333 F.3d 886, 889–90 (8th Cir. 2003) (en banc). Although

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the district court1 imposed a sentence two to three times greater than what the parties
recommended, it is still a below-Guidelines sentence. So enforcing the waiver
would not work a miscarriage of justice. See United States v. Pierre, 912 F.3d 1137,
1143–44 (8th Cir. 2019). We dismiss the appeal.
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1 The Honorable Daniel L. Hovland, United States District Judge for the
District of North Dakota.

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