U.S. Court of Appeals for the Eighth Circuit, 2006

United States v. Jonathon Stout

United States v. Jonathon Stout
U.S. Court of Appeals for the Eighth Circuit · Decided January 11, 2006 · Bye, McMillian, Riley
162 F. App'x 660

United States v. Jonathon Stout

Opinion

PER CURIAM.

Jonathon Stout pleaded guilty to being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). His written plea agreement included an appeal waiver. The district court 1 sentenced him to the statutory minimum of 180 months in prison and 5 years of supervised release. See 18 U.S.C. § 924(e)(1). On appeal, Stout’s counsel has moved to withdraw and filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and Stout has filed a pro se supplemental brief.

After reading the briefs and reviewing the record independently under Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we dismiss this appeal on the basis of the appeal waiver in the plea agreement. See United States v. Andis, 333 F.3d 886, 889-90 (8th Cir.) (en banc) (criteria for enforcing appeal waiver), ce rt. denied, 540 U.S. 997, 124 S.Ct. 501,157 L.Ed.2d 398 (2003); United States v. Estrada-Bahena, 201 F.3d 1070, 1071 (8th Cir. 2000) (per curiam) (enforcing appeal waiver in Anders case). We also grant counsel’s motion to withdraw.

1

. The Honorable Scott O. Wright, United States District Judge for the Western District of Missouri.

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