United States v. Omawale Malachi Sims

U.S. Court of Appeals for the Eighth Circuit
United States v. Omawale Malachi Sims, 88 F. App'x 980 (8th Cir. 2004)

United States v. Omawale Malachi Sims

Opinion

PER CURIAM.

Omawale Sims appeals his conviction and the sentence the district court * imposed after Sims pleaded guilty to distributing cocaine base, in violation of 21 U.S.C. § 841(a)(1). Sims’s counsel has filed a motion to withdraw and a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), questioning the length of the sentence. We enforce the appeal waiver included in the plea agreement and limit our review to issues not included within the scope of the waiver. *981 We find Sims’s pro se ineffective-assistance claims are not properly before us. See United States v. Hughes, 330 F.3d 1068, 1069 (8th Cir. 2003). Based on our independent review under Penson v. Ohio, 488 U.S. 75, 80, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no nonfrivolous issues.

We thus grant counsel’s motion to withdraw and affirm the judgment of the district court.

*

The Honorable Henry E. Autrey, United States District Judge for the Eastern District of Missouri.

Reference

Full Case Name
UNITED STATES of America, Appellee, v. Omawale Malachi SIMS, Appellant
Status
Unpublished