United States v. Donald Johnson, No. 16-4449 (8th Cir. 2018)
Annotate this CaseCourt Description: Per Curiam - Before Shepherd, Murphy and Kelly, Circuit Judges] Criminal case - Criminal law. Anders case. Defendant executed a valid, applicable and enforceable appeal waiver as part of his guilty plea, and the appeal is dismissed.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-4449 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Donald D. Johnson lllllllllllllllllllll Defendant - Appellant Appeal from United States District Court for the Western District of Missouri - Springfield ____________ Submitted: November 24, 2017 Filed: January 2, 2018 [Unpublished] ____________ Before SHEPHERD, MURPHY, and KELLY, Circuit Judges. ____________ PER CURIAM. Donald Johnson directly appeals after pleading guilty in the district court1 to participating in a drug conspiracy, pursuant to a plea agreement containing an appeal 1 The Honorable Roseann A. Ketchmark, United States District Judge for the Western District of Missouri. waiver. His counsel has moved for leave to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the district court inadequately explained Johnson’s sentence and erred in calculating the Guidelines range. We conclude that the appeal waiver is valid, applicable, and enforceable. 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, 890-92 (8th Cir. 2003) (en banc) (discussing enforcement of appeal waivers). Furthermore, we have 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, and we dismiss this appeal. ______________________________ -2-
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