United States v. Donald Kestner, No. 15-1969 (8th Cir. 2015)
Annotate this CaseCourt Description: Per Curiam - Before Gruender, Benton and Kelly, Circuit Judges] Criminal case - Sentencing. Anders case. Defendant's appeal waiver should be enforced, and the appeal is dismissed. [ November 25, 2015
Download PDF
United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-1969 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Donald D. Kestner lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - St. Joseph ____________ Submitted: November 16, 2015 Filed: November 27, 2015 [Unpublished] ____________ Before GRUENDER, BENTON, and KELLY, Circuit Judges. ____________ PER CURIAM. Donald Kestner directly appeals the sentence imposed by the district court1 after he pleaded guilty to bank robbery and carrying a firearm during and in relation 1 The Honorable Greg Kays, Chief Judge, United States District Court for the Western District of Missouri. to a crime of violence. 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 Kestner’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 pursuant to Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues for appeal. Accordingly, we affirm the judgment of the district court, and we grant counsel’s motion to withdraw. ______________________________ -2-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
