United States v. Joshua Smith

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PER CURIAM OPINION FILED - THE COURT: James B. Loken, Pasco M. Bowman and Steven M. Colloton (UNPUBLISHED); Granting [4286594-2] motion to withdraw as counsel filed by Ms. Ronna Ann Holloman-Hughes. [4351725] [15-1995]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-1995 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Joshua Kain Smith lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Kansas City ____________ Submitted: December 15, 2015 Filed: January 4, 2016 [Unpublished] ____________ Before LOKEN, BOWMAN, and COLLOTON, Circuit Judges. ____________ PER CURIAM. Joshua Smith appeals from the sentence imposed by the District Court1 after he pleaded guilty to sex trafficking of an adult and attempted sex trafficking of an 1 The Honorable Gary A. Fenner, United States District Judge for the Western District of Missouri. Appellate Case: 15-1995 Page: 1 Date Filed: 01/04/2016 Entry ID: 4351725 adult. His counsel has moved to withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the court erred in imposing restitution of $23,406. Because Smith did not object to the amount of restitution at sentencing, we review only for plain error. See United States v. Louper-Morris, 672 F.3d 539, 566 (8th Cir. 2012) (standard of review). We find no such error. See 18 U.S.C. § 3663A (requiring the court to order that restitution be made to an identifiable victim if the defendant is convicted of, inter alia, a crime of violence). We have reviewed the record independently under Penson v. Ohio, 488 U.S. 75 (1988), and we find no nonfrivolous issues for appeal. Accordingly, we affirm the judgment and grant counsel’s motion to withdraw. ______________________________ -2- Appellate Case: 15-1995 Page: 2 Date Filed: 01/04/2016 Entry ID: 4351725

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