United States of America v. Michael Walker, also known as Big Mike

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 13-2035
___________________________
United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Michael Walker, also known as Big Mike
lllllllllllllllllllll Defendant - Appellant
____________
Appeal from United States District Court
for the Western District of Arkansas - Texarkana
____________
Submitted: January 31, 2014
Filed: February 12, 2014
[Unpublished]
____________
Before LOKEN, BYE, and COLLOTON, Circuit Judges.
____________
PER CURIAM.
Michael Walker appeals the 160-month prison sentence the district court1
imposed after he pleaded guilty to distributing a cocaine base mixture, in violation
The Honorable Susan O. Hickey, United States District Judge for the Western1
District of Arkansas.

-- 1 of 2 --

of 21 U.S.C. § 841(a)(1). Counsel seeks leave to withdraw, and has filed a brief
under Anders v. California, 386 U.S. 738 (1967).
Walker pleaded guilty pursuant to a written agreement in which he waived,
among other things, his right to appeal his conviction and sentence. He reserved the
right to appeal his sentence only if it exceeded the statutory maximum for his offense.
After conducting careful de novo review of the record before us, see United States v.
Azure, 571 F.3d 769, 772 (8th Cir. 2009), we conclude that Walker entered into the
plea agreement and its appeal waiver knowingly and voluntarily, and that no
miscarriage of justice would result from enforcing the waiver. See United States v.
Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc) (standard for enforcing appeal
waiver). The exception to the waiver does not apply, because Walker’s sentence was
well below the statutory maximum. We will therefore enforce the appeal waiver in
this appeal. Further, we have reviewed the record independently under Penson v.
Ohio, 488 U.S. 75 (1988), and we find no nonfrivolous issues for appeal outside the
scope of the appeal waiver. Accordingly, we grant counsel’s motion, and we dismiss
the appeal.
______________________________
-2-

-- 2 of 2 --