United States v. Mitchell Johnson, No. 17-1990 (8th Cir. 2017)
Annotate this CaseCourt Description: Per Curiam - Before Wollman, Gruender and Benton, Circuit Judges] Criminal case - Sentencing. Anders case. Defendant's appeal of his within-guidelines sentence is within the scope of his knowing and voluntary appeal waiver, and the appeal is dismissed. [ October 30, 2017
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 17-1990 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Mitchell Johnson lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Eastern District of Arkansas - Little Rock ____________ Submitted: October 26, 2017 Filed: October 31, 2017 [Unpublished] ____________ Before WOLLMAN, GRUENDER, and BENTON, Circuit Judges. ____________ PER CURIAM. Pursuant to a written plea agreement that included a limited waiver of his right to appeal, Mitchell Johnson pleaded guilty to a charge of producing child pornography. The district court1 sentenced him to 262 months in prison, within the 1 The Honorable D.P. Marshall, Jr., United States District Judge for the Eastern District of Arkansas. advisory Guidelines range, and he appeals. Johnson’s counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), challenging the sentence as substantively unreasonable; Johnson has filed a pro se supplemental brief, challenging a ruling on one of the sentence enhancements; and the government has filed a motion to dismiss based on the appeal waiver. Following careful review, we grant the government’s motion and enforce the appeal waiver because the arguments for reversal fall within the scope of the waiver, the record shows the requisite knowledge and voluntariness, and enforcing the waiver would not result in a miscarriage of justice. See United States v. Andis, 333 F.3d 886, 889-92 (8th Cir.2003) (en banc). In addition, having reviewed the record independently under Penson v. Ohio, 488 U.S. 75 (1988), we have found no nonfrivolous issues that are not covered by the appeal waiver. Accordingly, the appeal is dismissed, and defense counsel’s motion to withdraw is granted. ______________________________ -2-
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