United States v. James Ledbetter


PER CURIAM OPINION FILED - THE COURT: James B. Loken, Michael J. Melloy and Duane Benton (UNPUBLISHED); Granting [3950288-2] motion to withdraw as counsel filed by Ms.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

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 12-2855 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. James E. Ledbetter lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Springfield ____________ Submitted: January 31, 2013 Filed: February 7, 2013 [Unpublished] ____________ Before LOKEN, MELLOY, and BENTON, Circuit Judges. ____________ 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. ______________________________ -2- Appellate Case: 12-2855 Page: 2 Date Filed: 02/07/2013 Entry ID: 4002571

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