United States v. Joshua Payne
Filing
PER CURIAM OPINION FILED - THE COURT: Roger L. Wollman, Lavenski R. Smith and Duane Benton (UNPUBLISHED); [4270108-2] Granting motion for appointment of counsel filed by Appellant Mr. Joshua T. Payne; Remaining motions are denied as moot. [4272226-4][4266058-2] [4314074] [15-1223]
United States Court of Appeals
For the Eighth Circuit
___________________________
No. 15-1223
___________________________
United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Joshua T. Payne
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - Kansas City
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Submitted: September 2, 2015
Filed: September 8, 2015
[Unpublished]
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Before WOLLMAN, SMITH, and BENTON, Circuit Judges.
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PER CURIAM.
Joshua Payne directly appeals after he pleaded guilty to being a felon in
possession of a firearm, and the district court1 sentenced him within the Guidelines
1
The Honorable Greg Kays, Chief Judge, United States District Court for the
Western District of Missouri.
Appellate Case: 15-1223
Page: 1
Date Filed: 09/08/2015 Entry ID: 4314074
range contemplated in his binding plea agreement. His counsel has moved to
withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967).
Payne has filed a pro se supplemental brief in which he challenges the basis for his
calculated Guidelines offense level.
After careful de novo review, see United States v. Scott, 627 F.3d 702, 704 (8th
Cir. 2010), we will enforce the appeal waiver that is included in Payne’s written plea
agreement, because the claims raised in this appeal fall within the scope of the waiver,
Payne’s testimony at the plea hearing shows that he entered into the plea agreement
and the appeal waiver knowingly and voluntarily, and dismissing the appeal based on
the waiver will not result in a miscarriage of justice, see United States v. Andis, 333
F.3d 886, 889-90 (8th Cir. 2003) (en banc). Further, having independently reviewed
the record pursuant to Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous
issues that fall outside the scope of the appeal waiver.
Accordingly, we grant counsel’s motion to withdraw, and we deny the
remaining pending motions as moot. This appeal is dismissed.
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-2-
Appellate Case: 15-1223
Page: 2
Date Filed: 09/08/2015 Entry ID: 4314074
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