Background
Demetrius Antonnie Bailey pled guilty to ten criminal counts, including conspiracy to interfere with commerce by robbery and using a firearm during a crime of violence. He was sentenced to two hundred sixty-four months in prison and five years of supervised release. His counsel filed an Anders brief stating the appeal presented no non-frivolous grounds for reversal.
The court’s reasoning
The court conducted a de novo review of the record and agreed with counsel that the appeal was wholly frivolous. The court noted the sentence was imposed in violation of law because the defendant bargained for it under the plea agreement. The court also found that the Sentencing Guidelines were correctly applied and that the defendant had knowingly and voluntarily waived his right to appeal.
Our independent review of the record reveals no non-frivolous grounds for reversal.
United States v. Bailey, No. 25-2094 (10th Cir. May 7, 2026)
What it means going forward
The appeal is dismissed, and the district court’s judgment and sentence remain in full force.
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