United States v. Doncouri Well

Filing

PER CURIAM OPINION FILED - THE COURT: Duane Benton, Pasco M. Bowman and Jane Kelly (UNPUBLISHED); Granting [4274138-2] motion to withdraw as counsel filed by Mr. Jose Alfaro. [4361318] [15-1782]

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 15-1782
___________________________
United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Doncouri Wells, also known as "D"
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Western District of Arkansas - Fayetteville
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Submitted: January 26, 2016
Filed: January 29, 2016
[Unpublished]
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Before BENTON, BOWMAN, and KELLY, Circuit Judges.
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PER CURIAM.
Doncouri Wells directly appeals the 300-month sentence the district court1
imposed after he pled guilty to a child sex-trafficking offense. His counsel has moved

1

The Honorable P.K. Holmes, III, Chief Judge, United States District Court for
the Western District of Arkansas.

Appellate Case: 15-1782

Page: 1

Date Filed: 01/29/2016 Entry ID: 4361318

to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967),
arguing that the sentence is substantively unreasonable. Wells has filed a pro se
supplemental brief, arguing that a Guidelines enhancement should not have been
applied.
In his written plea agreement, Wells stipulated that a sentence of 300 months
in prison would be reasonable and appropriate. At his change-of-plea hearing, he
confirmed under oath that he had freely and voluntarily entered into the plea
agreement, including the stipulation regarding a 300-month prison term, which was
below the statutory maximum of life in prison. Thus, upon careful review, we decline
to review the issues raised on appeal. See United States v. Olano, 507 U.S. 725, 733
(1993) (waiver is intentional abandonment of known right and results in issue being
unreviewable on appeal); United States v. Nguyen, 46 F.3d 781, 783 (8th Cir. 1995)
(defendant who explicitly and voluntarily exposes himself to specific sentence may
not challenge it on appeal). Having independently reviewed the record pursuant to
Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues that are
appropriate for review. Counsel’s motion to withdraw is granted, and the judgment
is affirmed.
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Appellate Case: 15-1782

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Date Filed: 01/29/2016 Entry ID: 4361318