United States v. Timothy A. Whitfield

36 F. App'x 570

• Court: Court of Appeals for the Eighth Circuit
• Decided: June 12, 2002
• Docket: 01-3372
• Status: Unpublished

Opinion

PER CURIAM.

Timothy A. Whitfield appeals from the final judgment entered in the District Court 1 for the Western District of Missouri after he pleaded guilty to bank robbery, in violation of 18 U.S.C. § 2113(a). The district court sentenced Whitfield to 151 months imprisonment and 3 years supervised release. Counsel has moved to withdraw on appeal pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and has filed a brief challenging Whitfield’s classification as a career offender. Whitfield has not filed a pro se supplemental brief. For the reasons discussed below, we dismiss this appeal.

Because Whitfield knowingly and voluntarily waived the right to challenge his sentence on direct appeal, we will not entertain counsel’s argument about the propriety of Whitfield’s career offender status. See United States v. Morrison, 171 F.3d 567, 568 (8th Cir.1999) (waiver of appeal enforcement). Further, we have reviewed the record independently for any un-waived, nonfrivolous issues, see Penson v. Ohio, 488 U.S. 75, 80, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), and we have found none. Accordingly, we grant counsel’s motion to withdraw, and we dismiss the appeal.

1 . The Honorable Howard F. Sachs, United States District Judge for the Western District of Missouri.