United States v. Robert Lovett-El, No. 15-3229 (8th Cir. 2016)
Annotate this CaseCourt Description: Per Curiam. Before Wollman, Bowman, and Murphy. Criminal Case - Anders. Appellant's appeal waiver is enforced and prevents consideration of his claim.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-3229 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Robert Lovett-El lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________ Submitted: April 1, 2016 Filed: April 6, 2016 [Unpublished] ____________ Before WOLLMAN, BOWMAN, and MURPHY, Circuit Judges. ____________ PER CURIAM. Robert Lovett-El directly appeals the sentence imposed by the district court1 after he pleaded guilty to conspiring to distribute heroin and possessing a firearm in 1 The Honorable Audrey G. Fleissig, United States District Judge for the Eastern District of Missouri. furtherance of a drug-trafficking crime. His counsel has moved to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the sentence was unreasonable. We conclude that Lovett-El’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). Having independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues for appeal. Accordingly, we dismiss the appeal and we grant counsel’s motion to withdraw. ______________________________ -2-
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