United States v. James Chatman, No. 23-2145 (8th Cir. 2023)
Annotate this CaseCourt Description: [Per Curiam - Before Gruender, Benton, and Stras, Circuit Judges] Criminal case - Criminal law. Anders case. The appeal waiver in defendant's guilty plea was valid, enforceable, and applicable to the sentencing issue he raises on appeal; appeal dismissed. [ September 06, 2023 ]
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 23-2145 ___________________________ United States of America Plaintiff - Appellee v. James Ferman Chatman Defendant - Appellant ____________ Appeal from United States District Court for the District of Nebraska - Omaha ____________ Submitted: September 1, 2023 Filed: September 7, 2023 [Unpublished] ____________ Before GRUENDER, BENTON, and STRAS, Circuit Judges. ____________ PER CURIAM. James Chatman received a 324-month prison sentence after he pleaded guilty to sex trafficking of a child. See 18 U.S.C. § 1591(a)(1), (b). As part of the plea agreement, he waived his right to appeal. An Anders brief suggests that the waiver is invalid and the district court 1 imposed a substantively unreasonable sentence. See Anders v. California, 386 U.S. 738 (1967). Upon careful review, we conclude that the appeal waiver is enforceable. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (reviewing the validity of an appeal waiver de novo); United States v. Andis, 333 F.3d 886, 889–92 (8th Cir. 2003) (en banc) (explaining that an appeal waiver will be enforced if the appeal falls within its scope, the defendant knowingly and voluntarily entered into the plea agreement and the waiver, and enforcing the waiver would not result in a miscarriage of justice). We have also independently reviewed the record and conclude that no other non-frivolous issues exist. See Penson v. Ohio, 488 U.S. 75, 82–83 (1988). We accordingly dismiss the appeal and grant counsel permission to withdraw. ______________________________ 1 The Honorable Robert F. Rossiter, Jr., Chief Judge, United States District Court for the District of Nebraska. -2-
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