United States v. Larry L. Smith

Eighth Circuit

United States v. Larry L. Smith

40 F. App'x 339

CourtCourt of Appeals for the Eighth Circuit

DecidedJuly 16, 2002

Docket02-1009

StatusUnpublished

This text of 40 F. App'x 339 (United States v. Larry L. Smith) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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United States v. Larry L. Smith, 40 F. App'x 339 (8th Cir. 2002).

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Opinion

PER CURIAM.

Larry L. Smith pleaded guilty to possessing cocaine base with intent to distribute, in violation of 21 U.S.C. § 841(a)(1), and he was sentenced to 135 months imprisonment and 5 years supervised release. He appeals the sentence imposed by the district court. 1 On appeal, his counsel has filed a brief and moved to withdraw under Anders v. California, 386 U.S. 738, 87 *340 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and Smith has not filed a pro se supplemental brief.

Because Smith knowingly and intelligently waived his right to appeal his sentence as part of his plea agreement, we dismiss this appeal. See United States v. Estrada-Bahena, 201 F.3d 1070, 1071 (8th Cir.2000) (per curiam) (enforcing appeal waiver and dismissing appeal in Anders case); United States v. Greger, 98 F.3d 1080,1081-82 (8th Cir.1996) (appeal waiver was knowing and intelligent where it was included in plea agreement, it was discussed at change-of-plea hearing, court imposed sentence without objection from defendant, and court reviewed appeal waiver at sentencing).

Having found no nonfrivolous issues relating to Smith’s conviction after reviewing the record independently pursuant to Pen-son v. Ohio, 488 U.S. 75, 109 S.Ct. 346,102 L.Ed.2d 300 (1988), we grant counsel’s motion to withdraw.

1

. The Honorable Gary A. Fenner, United States District Judge for the Western District of Missouri.

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PER CURIAM.

Larry L. Smith pleaded guilty to possessing cocaine base with intent to distribute, in violation of 21 U.S.C. § 841(a)(1), and he was sentenced to 135 months imprisonment and 5 years supervised release. He appeals the sentence imposed by the district court. 1 On appeal, his counsel has filed a brief and moved to withdraw under Anders v. California, 386 U.S. 738, 87 *340 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and Smith has not filed a pro se supplemental brief.

Because Smith knowingly and intelligently waived his right to appeal his sentence as part of his plea agreement, we dismiss this appeal. See United States v. Estrada-Bahena, 201 F.3d 1070, 1071 (8th Cir.2000) (per curiam) (enforcing appeal waiver and dismissing appeal in Anders case); United States v. Greger, 98 F.3d 1080,1081-82 (8th Cir.1996) (appeal waiver was knowing and intelligent where it was included in plea agreement, it was discussed at change-of-plea hearing, court imposed sentence without objection from defendant, and court reviewed appeal waiver at sentencing).

Having found no nonfrivolous issues relating to Smith’s conviction after reviewing the record independently pursuant to Pen-son v. Ohio, 488 U.S. 75, 109 S.Ct. 346,102 L.Ed.2d 300 (1988), we grant counsel’s motion to withdraw.

1

. The Honorable Gary A. Fenner, United States District Judge for the Western District of Missouri.

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