Legal Opinion

United States v. Demetrius McCalister

Court of Appeals for the Eighth Circuit

Decided June 7, 2013No. 12-3722Unpublished

1Per curiam

Demetrius McCalister directly appeals the sentence the district court 1 imposed after he pled guilty to charges involving drugs and firearms. His counsel has moved to withdraw and has filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), acknowledging that McCalister entered into a plea agreement containing an appeal waiver, but arguing that the district court, having granted a downward variance, abused its discretion by not imposing a more lenient sentence.

Upon careful review, this court concludes that the appeal waiver is enforceable. See United…

2Cases cited4 opinions

  1. Anders v. CaliforniaSupreme Court of the United States · 1967
  2. Penson v. OhioSupreme Court of the United States · 1988
  3. United States v. AzureCourt of Appeals for the Eighth Circuit · 2009
  4. United States v. JenningsCourt of Appeals for the Eighth Circuit · 2011

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