History
  • No items yet
midpage
United States v. Leonard Rondeau
670 F. App'x 899
| 8th Cir. | 2016
|
Check Treatment
|
Docket

*1 Before SMITH, BOWMAN, and BENTON, Circuit Judges.

____________

PER CURIAM.

Leonard G. Rondeau appeals the sentence imposed by the district court after [1] he pled guilty to engaging in sexual contact with a child. His counsel has moved to *2 withdraw and filed a brief under Anders v. California , 386 U.S. 738 (1967). Having jurisdiction under 28 U.S.C. § 1291, this court dismisses the appeal.

Rondeau was sentenced to a term of 180 months in prison with 3 years of supervised release, to run consecutively to sentences that he was already serving in Nebraska state prison for other offenses. He argues that the federal sentence should run concurrently with the state sentences. Rondeau’s appeal waiver should be enforced and prevents consideration of his claim. See United States v. Scott , 627 F.3d 702, 704 (8th Cir. 2010) (de novo review of validity and applicability of appeal waiver); United States v. Andis , 333 F.3d 886, 889-90 (8th Cir. 2003) (en banc) (court should enforce appeal waiver and dismiss appeal where it falls within scope of waiver, plea agreement and waiver were entered into knowingly and voluntarily, and no miscarriage of justice would result); see also 18 U.S.C. § 3584(a) (multiple terms of imprisonment imposed at different times run consecutively unless court orders that terms are to run concurrently); U.S.S.G. § 5G1.3(c) (court may run state and federal sentences concurrently, partially concurrently, or consecutively in order to achieve reasonable punishment). An independent review of the record under Penson v. Ohio , 488 U.S. 75 (1988), reveals no non-frivolous issues for appeal.

The appeal is dismissed, and counsel’s motion to withdraw is granted. ______________________________

-2-

[1] The Honorable Roberto A. Lange, United States District Judge for the District of South Dakota.

Case Details

Case Name: United States v. Leonard Rondeau
Court Name: Court of Appeals for the Eighth Circuit
Date Published: Nov 22, 2016
Citation: 670 F. App'x 899
Docket Number: 16-2183
Court Abbreviation: 8th Cir.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.