United States v. Morgan Littleton


PER CURIAM OPINION FILED - THE COURT: Raymond W. Gruender, Duane Benton and Jane Kelly (UNPUBLISHED); Granting [4290856-2] motion to withdraw as counsel filed by Ms. Anita L. Burns. [4348412] [15-2163]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-2163 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Morgan Littleton lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Kansas City ____________ Submitted: December 18, 2015 Filed: December 21, 2015 [Unpublished] ____________ Before GRUENDER, BENTON, and KELLY, Circuit Judges. ____________ PER CURIAM. Morgan Lee Littleton directly appeals the sentence imposed by the district court after he pled guilty to producing child pornography. His counsel has moved 1 1 The Honorable Gary A. Fenner, United States District Judge for the Western District of Missouri. Appellate Case: 15-2163 Page: 1 Date Filed: 12/21/2015 Entry ID: 4348412 to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the sentence was unreasonable. Having jurisdiction under 28 U.S.C. § 1291, this court dismisses the appeal. Littleton’s appeal waiver should be enforced and prevents consideration of his claim. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (de novo review of validity and applicability of appeal waiver); United States v. Andis, 333 F.3d 886, 889-90 (8th Cir. 2003) (en banc) (court should enforce appeal waiver and dismiss appeal where it falls within scope of waiver, plea agreement and waiver were entered into knowingly and voluntarily, and no miscarriage of justice would result). An independent review of the record under Penson v. Ohio, 488 U.S. 75 (1988), reveals no nonfrivolous issues for appeal. The appeal is dismissed and counsel’s motion to withdraw is granted. ______________________________ -2- Appellate Case: 15-2163 Page: 2 Date Filed: 12/21/2015 Entry ID: 4348412

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