United States v. Jalon Moore, No. 22-1899 (8th Cir. 2022)
Annotate this CaseCourt Description: [Per Curiam - Before Loken, Gruender, and Benton, Circuit Judges] Criminal case - Criminal law. Anders case. Appellant's appeal waiver is valid, enforceable, and applicable to the issues raised on appeal; further, while the Supreme Court recently held that attempted Hobbs Act robbery is not a crime of violence, the plea agreement established that Moore pleaded guilty to a completed Hobbs Act robbery, which is a crime of violence for sentencing purposes. Appeal dismissed. [ September 20, 2022 ]
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 22-1899 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Jalon Moore lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________ Submitted: September 16, 2022 Filed: September 21, 2022 [Unpublished] ____________ Before LOKEN, GRUENDER, and BENTON, Circuit Judges. ____________ PER CURIAM. Jalon Moore appeals after he pleaded guilty in the district court1 to five counts of Hobbs Act robbery and two counts of possessing or brandishing a firearm in 1 The Honorable John A. Ross, United States District Judge for the Eastern District of Missouri. furtherance of a crime of violence, pursuant to a plea agreement that included an appeal waiver. His counsel has moved to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing the firearm convictions should be vacated. Moore filed a pro se brief seeking to challenge the robbery convictions. Upon careful review, we conclude that the appeal waiver is valid, enforceable, and applicable to the issues raised in this appeal. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010); United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc). Though the Supreme Court recently held that attempted Hobbs Act robbery is not a crime of violence, United States v. Taylor, 142 S. Ct. 2015, 2020 (2022), the plea agreement established that Moore pleaded guilty to completed Hobbs Act robbery, which is a crime of violence. Diaz v. United States, 863 F.3d 781, 783 (8th Cir. 2017). We have also independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), and have found no non-frivolous issues for appeal outside the scope of the appeal waiver. Accordingly, we grant counsel’s motion to withdraw and we dismiss the appeal. ______________________________ -2-
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