United States v. Hassan Johnson, No. 17-3704 (8th Cir. 2019)
Annotate this CaseCourt Description: Per Curiam - Before Loken, Colloton and Kobes, Circuit Judges] Criminal case - Criminal law. Anders case. Defendant voluntarily and knowingly waived his right of appeal in his plea agreement and his challenge to his sentence falls within the waiver; the appeal is dismissed.
Download PDF
United States Court of Appeals For the Eighth Circuit ___________________________ No. 17-3704 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Hassan Lamont Johnson lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________ Submitted: March 4, 2019 Filed: March 7, 2019 [Unpublished] ____________ Before LOKEN, COLLOTON, and KOBES, Circuit Judges. ____________ PER CURIAM. Hassan Johnson directly appeals the sentence the district court1 imposed after he pleaded guilty to a firearm offense, pursuant to a plea agreement containing an appeal waiver. His counsel has moved to withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967). We will enforce the appeal waiver in this case because our review of the record demonstrates that Johnson entered into the plea agreement and the appeal waiver knowingly and voluntarily, his challenge to the sentence falls within the scope of the appeal waiver, and no miscarriage of justice would result from enforcing the waiver. See United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc). Further, 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 to withdraw and dismiss this appeal. ______________________________ 1 The Honorable Audrey G. Fleissig, United States District Judge for the Eastern District of Missouri. -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.
