United States v. Joshua Roberts


PER CURIAM OPINION FILED - THE COURT: ROGER L. WOLLMAN, STEVEN M. COLLOTON and RAYMOND W. GRUENDER (UNPUBLISHED); Granting [3621378-2] motion to withdraw as counsel filed by Attorney Mr. John Bishop for Appellant Mr. Joshua James Roberts. [3670180] [09-3514]

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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 09-3514 ___________ United States of America, Appellee, v. Joshua James Roberts, Appellant. * * * * Appeal from the United States * District Court for the * Northern District of Iowa. * * [UNPUBLISHED] * ___________ Submitted: May 28, 2010 Filed: June 2, 2010 ___________ Before WOLLMAN, COLLOTON, and GRUENDER, Circuit Judges. ___________ PER CURIAM. Joshua Roberts was charged with conspiring to manufacture 5 grams or more of actual (pure) methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(B) and 846. He pleaded guilty in accord with a written plea agreement, which contained an appeal waiver. The district court1 sentenced Roberts to 262 months in prison, the bottom of the advisory Guidelines range. On appeal, counsel has filed a brief under Anders v. California, 386 U.S. 738 (1967), and seeks to withdraw. 1 The Honorable Linda R. Reade, Chief Judge, United States District Court for the Northern District of Iowa. Appellate Case: 09-3514 Page: 1 Date Filed: 06/02/2010 Entry ID: 3670180 We will enforce the appeal waiver in this case because Roberts’s appeal falls within the scope of the waiver, the record shows the requisite knowledge and voluntariness, and enforcing the appeal waiver would not constitute a miscarriage of justice. See United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc) (court should enforce appeal waiver and dismiss appeal where appeal falls within scope of waiver, both plea agreement and waiver were entered into knowingly and voluntarily, and no miscarriage of justice would result); see also United States v. Estrada-Bahena, 201 F.3d 1070, 1071 (8th Cir. 2000) (per curiam) (enforcing appeal waiver in Anders case). Having independently reviewed the record under Penson v. Ohio, 488 U.S. 75, 80 (1988), we have found no nonfrivolous issue not covered by the waiver. Accordingly, we grant counsel leave to withdraw, and we dismiss this appeal. ______________________________ -2- Appellate Case: 09-3514 Page: 2 Date Filed: 06/02/2010 Entry ID: 3670180

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