United States v. Jerrod Marshall


PER CURIAM OPINION FILED - THE COURT: Kermit E. Bye, Steven M. Colloton and Duane Benton (UNPUBLISHED); Granting [4106300-2] motion to withdraw as counsel filed by Mr. Shane Cantin. [4161943] [13-3470]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 13-3470 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Jerrod Lamonte Marshall lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Joplin ____________ Submitted: June 5, 2014 Filed: June 6, 2014 [Unpublished] ____________ Before BYE, COLLOTON, and BENTON, Circuit Judges. ____________ PER CURIAM. Jerrod Lamonte Marshall appeals after he entered into a binding plea agreement under Federal Rule of Criminal Procedure 11(c)(1)(C), and pled guilty to transporting a minor with the intent that she engage in prostitution. Marshall was sentenced by the Appellate Case: 13-3470 Page: 1 Date Filed: 06/06/2014 Entry ID: 4161943 district court1 pursuant to the plea agreement. His counsel filed a brief under Anders v. California, 386 U.S. 738 (1967), which alludes to guilt and sentencing issues, and possible claims of ineffective assistance of counsel. Counsel also discusses the effect of an appeal waiver in the plea agreement. Marshall has filed a pro se brief, arguing that the district court improperly accepted his guilty plea without a sufficient factual basis. Counsel has moved to withdraw. After careful de novo review, this court enforces the appeal waiver. See United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc) (appeal waiver is generally enforceable, and appeal is subject to dismissal, if appeal falls within scope of waiver, defendant entered into both plea agreement and waiver knowingly and voluntarily, and enforcement of waiver would not result in miscarriage of justice); see also United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (this court reviews de novo validity and applicability of appeal waiver). An independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80 (1988), reveals no non-frivolous issues that are both outside the scope of the appeal waiver and appropriate for review on direct appeal. To the extent this case may present non-frivolous ineffective-assistance claims, they are deferred to collateral proceedings. See United States v. Jennings, 662 F.3d 988, 991-92 (8th Cir. 2011) (deferring possible ineffective-assistance claims to 28 U.S.C. § 2255 proceeding where record can be properly developed). The appeal is dismissed, and counsel’s motion to withdraw is granted. ______________________________ 1 The Honorable Brian C. Wimes, United States District Judge for the Western District of Missouri. -2- Appellate Case: 13-3470 Page: 2 Date Filed: 06/06/2014 Entry ID: 4161943

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