United States v. James Mitchell

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 22-1753 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

James Mitchell

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the District of Nebraska - Lincoln ____________

Submitted: August 16, 2022 Filed: August 22, 2022 [Unpublished] ____________

Before LOKEN, GRASZ, and KOBES, Circuit Judges. ____________

PER CURIAM.

James Mitchell appeals the sentence imposed by the district court1 after he pleaded guilty to a drug offense, pursuant to a plea agreement that includes an appeal

1 The Honorable John M. Gerrard, United States District Judge for the District of Nebraska. waiver. His counsel has moved to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967).

Upon careful review, we conclude that the appeal waiver is valid, enforceable, and applicable to the sentencing issue raised in this appeal. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010); United States v. Andis, 333 F.3d 886, 889- 92 (8th Cir. 2003) (en banc). We have also 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 to withdraw, and we dismiss the appeal. ______________________________

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