United States v. Khounxai Phimvongsa

U.S. Court of Appeals for the Eighth Circuit
United States v. Khounxai Phimvongsa, 166 F. App'x 259 (8th Cir. 2006)
Arnold, Bye, Per Curiam, Smith

United States v. Khounxai Phimvongsa

Opinion

[UNPUBLISHED]

PER CURIAM.

Khounxai Phimvongsa pleaded guilty to being a felon and an unlawful user of controlled substances in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1) and (g)(3), and possessing marijuana with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). The district court 1 sentenced him to 46 months in prison and 3 years of supervised release. On appeal, Phimvongsa’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).

Phimvongsa’s plea agreement contains a valid appeal waiver. See United States v. Andis, 333 F.3d 886, 889-90 (8th Cir.) (en banc), cert. denied, 540 U.S. 997, 124 S.Ct. 501, 157 L.Ed.2d 398 (2003). Having reviewed the record independently pursuant to Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), for any non-frivolous issues not covered by the appeal waiver, we enforce the waiver, dismiss this appeal, and grant counsel’s motion to withdraw.

1

. The Honorable Gary A. Fenner, United States District Judge for the Western District of Missouri.

Reference

Full Case Name
UNITED STATES of America, Appellee, v. Khounxai PHIMVONGSA, Appellant
Status
Unpublished