United States v. Lamont Elliott, No. 23-1648 (8th Cir. 2023)
Annotate this CaseCourt Description: [Per Curiam - Before Loken, Colloton, and Kelly, Circuit Judges] Criminal case - Criminal law. Defendant withdrew his motion to withdraw his guilty plea and is precluded from challenging the voluntariness of the plea on appeal; defendant's remaining issues are foreclosed by the appeal waiver in the guilty plea.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 23-1648 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Lamont Elliott, also known as Lamont William Elliott lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________ Submitted: September 7, 2023 Filed: September 19, 2023 [Unpublished] ____________ Before LOKEN, COLLOTON, and KELLY, Circuit Judges. ____________ PER CURIAM. Lamont Elliott appeals after he pleaded guilty to distributing methamphetamine pursuant to a plea agreement that includes an appeal waiver. His counsel has moved to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), raising challenges to the voluntariness of Elliott’s plea and the sentence imposed by the district court.1 Upon careful review, we conclude that Elliott is precluded from challenging the voluntariness of his guilty plea in this appeal because he withdrew his pro se motion to withdraw the plea in the district court. See United States v. Gamboa, 701 F.3d 265, 267-68 (8th Cir. 2012); United States v. Umanzor, 617 F.3d 1053, 1060 (8th Cir. 2010). We enforce the appeal waiver as to the remaining challenge to his sentence. 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). 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. ______________________________ 1 The Honorable Sarah E. Pitlyk, United States District Judge for the Eastern District of Missouri. -2-
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