United States v. Jesse Morgan


PER CURIAM OPINION FILED - THE COURT: Duane Benton, Pasco M. Bowman and Jane Kelly (UNPUBLISHED); Granting [4295230-2] motion to withdraw as counsel filed by Ms. Ronna Ann Holloman-Hughes. [4355942] [15-2148]

Download PDF
United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-2148 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Jesse E. Morgan lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Kansas City ____________ Submitted: January 11, 2016 Filed: January 14, 2016 [Unpublished] ____________ Before BENTON, BOWMAN, and KELLY, Circuit Judges. ____________ PER CURIAM. Jesse Morgan appeals from the sentence the District Court1 imposed after he pleaded guilty to wire fraud. His counsel has filed a brief under Anders v. California, 1 The Honorable Greg Kays, Chief Judge, United States District Court for the Western District of Missouri. Appellate Case: 15-2148 Page: 1 Date Filed: 01/14/2016 Entry ID: 4355942 386 U.S. 738 (1967), requesting leave to withdraw and arguing that the District Court inadequately considered a relevant factor at sentencing. Morgan’s written plea agreement contained an appeal waiver. Upon careful review, we enforce the waiver. See United States v. Andis, 333 F.3d 886, 889–92 (8th Cir.) (en banc) (discussing enforcement of appeal waivers), cert. denied, 540 U.S. 997 (2003). We have independently reviewed the record, see Penson v. Ohio, 488 U.S. 75, 80 (1988), and have found no non-frivolous issue for appeal outside the scope of the appeal waiver. Accordingly, we dismiss this appeal and grant counsel leave to withdraw. ______________________________ -2- Appellate Case: 15-2148 Page: 2 Date Filed: 01/14/2016 Entry ID: 4355942

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?