United States v. Ricardio Dale Smith

55 F. App'x 394

• Court: Court of Appeals for the Eighth Circuit
• Decided: January 27, 2003
• Docket: 02-2731
• Status: Unpublished

Opinion

[UNPUBLISHED]

PER CURIAM.

Ricardio Dale Smith pleaded guilty to possession of a firearm and ammunition by a person with three felony crime-of-violence convictions, in violation of 18 U.S.C. §§ 922(g)(1) and 924(e). Smith entered into a plea agreement in which he waived his right to appeal his sentence so long as the court sentenced him at or below the Guidelines range of 168-210 months. The district court 1 sentenced Smith to the mandatory minimum of 180 months in prison and five years of supervised release. On appeal, counsel has moved to withdraw and filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

Smith knowingly and intelligently waived his right to appeal the sentence the district court imposed. See United States v. Morrison, 171 F.3d 567, 568 (8th Cir. 1999). Further, having reviewed the record under Penson v. Ohio, 488 U.S. 75, 80, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no nonfrivolous issues.

Accordingly, we grant counsel’s motion to withdraw and affirm.

A true copy.

1 . The HONORABLE MICHAEL J. DAVIS, United States District Judge for the District of Minnesota.