United States v. Morgan Littleton

Filing

PER CURIAM OPINION FILED - THE COURT: Raymond W. Gruender, Duane Benton and Jane Kelly (UNPUBLISHED); Granting [4290856-2] motion to withdraw as counsel filed by Ms.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

United States Court of Appeals
For the Eighth Circuit
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No. 15-2163
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Morgan Littleton
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: December 18, 2015
Filed: December 21, 2015
[Unpublished]
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Before GRUENDER, BENTON, and KELLY, Circuit Judges.
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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
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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.
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Appellate Case: 15-2163

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Date Filed: 12/21/2015 Entry ID: 4348412