United States v. Donald Johnson

U.S. Court of Appeals for the Eighth Circuit
United States v. Donald Johnson, 709 F. App'x 401 (8th Cir. 2018)
Kelly, Murphy, Per Curiam, Shepherd

United States v. Donald Johnson

Opinion

PER CURIAM.

Donald Johnson directly appeals after pleading guilty in the district court 1 to participating in a drug conspiracy, pursuant to a plea agreement containing an appeal waiver. His counsel has moved for leave 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 district court inadequately explained Johnson’s sentence and erred in calculating the Guidelines range.

We conclude that the appeal waiver is valid, applicable, and enforceable. 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, 890-92 (8th Cir. 2003) (en banc) (discussing enforcement of appeal waivers). Furthermore, we have independently reviewed the record under Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), and have found no non-frivolous issues for appeal outside the scope of the appeal waiver. Accordingly, we grant counsel’s motion, and we dismiss this appeal.

1

. The Honorable Roseann A. Ketchmark, United States District Judge for the Western District of Missouri.

Reference

Full Case Name
UNITED STATES of America Plaintiff-Appellee v. Donald D. JOHNSON Defendant-Appellant
Status
Unpublished