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United States v. Hibbert

United States Court of Appeals For the Eighth Circuit
Feb 12, 2020
No. 19-1974 (8th Cir. Feb. 12, 2020)

Opinion

No. 19-1974

02-12-2020

United States of America Plaintiff - Appellee v. Russell Hibbert Defendant - Appellant


Appeal from United States District Court for the Eastern District of Missouri - St. Louis [Unpublished] Before SHEPHERD, STRAS, and KOBES, Circuit Judges. PER CURIAM.

Russell Hibbert appeals the district court's denial of the pro se postjudgment motion he filed in his criminal case to offset his restitution balance, after he pleaded guilty to conspiring to commit wire fraud under a plea agreement containing a waiver of his appeal and post-conviction rights.

The Honorable John A. Ross, United States District Judge for the Eastern District of Missouri. --------

Upon careful review, we conclude that the waiver is valid, enforceable, and applicable to the issue raised in this appeal. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (validity and applicability of an appeal waiver is reviewed de novo); United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc) (appeal waiver will be enforced if the appeal falls within the scope of the waiver, the defendant knowingly and voluntarily entered into the plea agreement and the waiver, and enforcing the waiver would not result in a miscarriage of justice). Accordingly, we dismiss this appeal based on the appeal waiver.


Summaries of

United States v. Hibbert

United States Court of Appeals For the Eighth Circuit
Feb 12, 2020
No. 19-1974 (8th Cir. Feb. 12, 2020)
Case details for

United States v. Hibbert

Case Details

Full title:United States of America Plaintiff - Appellee v. Russell Hibbert…

Court:United States Court of Appeals For the Eighth Circuit

Date published: Feb 12, 2020

Citations

No. 19-1974 (8th Cir. Feb. 12, 2020)