United States v. James Ledbetter

Filing

PER CURIAM OPINION FILED - THE COURT: James B. Loken, Michael J. Melloy and Duane Benton (UNPUBLISHED); Granting [3950288-2] motion to withdraw as counsel filed by Ms. Ann M. Koszuth. [4002571] [12-2855]

United States Court of Appeals
For the Eighth Circuit
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No. 12-2855
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
James E. Ledbetter
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - Springfield
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Submitted: January 31, 2013
Filed: February 7, 2013
[Unpublished]
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Before LOKEN, MELLOY, and BENTON, Circuit Judges.
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PER CURIAM.
James Ledbetter appeals the judgment entered by the district court1 after he
pleaded guilty to bank fraud, money laundering, and failure to pay tax. His counsel
1

The Honorable Brian C. Wimes, United States District Judge for the Western
District of Missouri.

Appellate Case: 12-2855

Page: 1

Date Filed: 02/07/2013 Entry ID: 4002571

has filed a brief under Anders v. California, 386 U.S. 738 (1967), questioning the
reasonableness of Ledbetter’s sentence. This challenge, however, falls within the
scope of the appeal waiver contained in Ledbetter’s plea agreement, and the record
shows that he knowingly and voluntarily entered into the plea agreement and appeal
waiver. Because nothing in the record suggests that enforcement of the waiver would
result in a miscarriage of justice, we will enforce the appeal waiver, see United States
v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc), and dismiss this appeal.
Counsel’s motion to withdraw is granted.
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Appellate Case: 12-2855

Page: 2

Date Filed: 02/07/2013 Entry ID: 4002571