United States v. Joshua Smith

U.S. Court of Appeals for the Eighth Circuit
United States v. Joshua Smith, 627 F. App'x 577 (8th Cir. 2016)

United States v. Joshua Smith

Opinion

PER CURIAM.

Joshua Smith appeals from the sentence imposed by the District Court 1 after he pleaded guilty to sex trafficking of an adult and attempted sex trafficking of an adult. His counsel has moved to withdraw and has filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), arguing that the court erred in imposing restitution of $23,406. Because Smith did not object to the amount of restitution at sentencing, we review only for plain error. See United States v. Louper-Morris, 672 F.3d 539, 566 (8th Cir. 2012) (standard of review). We find no such error. See 18 U.S.C. § 3663A (requiring the court to order that restitution be made to an identifiable victim if the defendant is convicted of, inter alia, a crime of violence). We have reviewed the record independently under Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), and we find no non-frivolous issues for appeal.

Accordingly, we affirm the judgment 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, Plaintiff-Appellee v. Joshua Kain SMITH, Defendant-Appellant
Status
Unpublished