United States v. Deauntee Mosby

U.S. Court of Appeals for the Eighth Circuit

United States v. Deauntee Mosby

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 17-1362 ___________________________

United States of America

lllllllllllllllllllll Plaintiff - Appellee

v.

Deauntee Q. Mosby

lllllllllllllllllllll Defendant - Appellant ____________

Appeal from United States District Court for the Western District of Missouri - Springfield ____________

Submitted: November 24, 2017 Filed: January 2, 2018 [Unpublished] ____________

Before SHEPHERD, MURPHY, and KELLY, Circuit Judges. ____________

PER CURIAM.

Deauntee Mosby directly appeals after pleading guilty in the district court1 to participating in a drug conspiracy, pursuant to a plea agreement containing an appeal

1 The Honorable Roseann A. Ketchmark, United States District Judge for the Western District of Missouri. waiver. His counsel has moved for leave to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967).

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 (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. ______________________________

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Reference

Status
Unpublished