United States v. Joshua Smith
Opinion
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.
. 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- Unpublished