U.S. Court of Appeals for the Eighth Circuit, 2016

United States v. Markeith Thomas

United States v. Markeith Thomas
U.S. Court of Appeals for the Eighth Circuit · Decided August 8, 2016 · Loken, Benton, Kelly
668 F. App'x 184

United States v. Markeith Thomas

Opinion

PER CURIAM.

Markeith Deshun Thomas directly appeals the sentence imposed by the district court 1 after he pled guilty to possessing and selling stolen firearms in violation of 18 U.S.C. §§ 922(j) and 924(a)(2). His 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). Having jurisdiction under 28 U.S.C. § 1291, this court dismisses the appeal.

Thomas’s appeal waiver should be enforced and prevents consideration of his claim. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (de novo review of validity and applicability of appeal waiver); United States v. Andis, 333 F.3d 886, 889-90 (8th Cir. 2003) (en banc) (court should enforce appeal waiver and dismiss appeal where it falls within scope of waiver, plea agreement and waiver were entered into knowingly and voluntarily, and no miscarriage of justice would result). An independent review of the record under Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), reveals no non-frivolous issues for appeal.

The appeal is dismissed and counsel’s motion to withdraw is granted.

1

. The Honorable J. Leon Holmes, United States District Judge for the Eastern District of Arkansas.

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