United States v. Joseph Bradshaw
United States v. Joseph Bradshaw
Opinion
United States Court of Appeals For the Eighth Circuit ___________________________ No. 19-2362 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Joseph Bradshaw lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the District of South Dakota - Rapid City ____________ Submitted: February 21, 2020 Filed: February 27, 2020 [Unpublished] ____________ Before LOKEN, BEAM, and COLLOTON, Circuit Judges. ____________ PER CURIAM.
Joseph Bradshaw appeals after he pleaded guilty to conspiring to distribute methamphetamine under a plea agreement containing an appeal waiver, and the district court1 sentenced him to a within-Guidelines prison term. His counsel has moved to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the reasonableness of the sentence.
After careful de novo review, we conclude that the appeal waiver is valid, enforceable, and applicable to this appeal. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (reviewing de novo the validity and applicability of appeal waiver); United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc) (holding that appeal waiver will be enforced if appeal falls within scope of waiver, defendant knowingly and voluntarily entered into waiver and plea agreement, and enforcement would not result in miscarriage of justice).
Having independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues for appeal outside the scope of the appeal waiver. Accordingly, we dismiss this appeal, and we grant counsel’s motion to withdraw. ______________________________
The Honorable Jeffrey L. Viken, United States District Judge for the District of South Dakota, adopting the report and recommendation of the Honorable Daneta Wollmann, United States Magistrate Judge for the District of South Dakota.
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Case-law data current through December 31, 2025. Source: CourtListener bulk data.