United States v. Cedric Lovejoy

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[4377777] [15-2935] PER CURIAM OPINION FILED - THE COURT: Roger L. Wollman, Pasco M. Bowman and Diana E. Murphy Granting [4330161-2] motion to withdraw as counsel filed by Mr. Brady Alexander Musgrave. [4377777] [15-2935]--[Edited 03/15/2016 by JPP]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-2935 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Cedric A. Lovejoy lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Springfield ____________ Submitted: March 10, 2016 Filed: March 15, 2016 [Unpublished] ____________ Before WOLLMAN, BOWMAN, and MURPHY, Circuit Judges. ____________ PER CURIAM. Cedric A. Lovejoy directly appeals the sentence imposed by the district court1 after he pleaded guilty to sexual exploitation of a child. His counsel has moved to 1 The Honorable M. Douglas Harpool, United States District Judge for the Western District of Missouri. Appellate Case: 15-2935 Page: 1 Date Filed: 03/15/2016 Entry ID: 4377777 withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the sentence was unreasonable. We conclude that Lovejoy’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). Having independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues for appeal. According, we dismiss the appeal and we grant counsel’s motion to withdraw. ______________________________ -2- Appellate Case: 15-2935 Page: 2 Date Filed: 03/15/2016 Entry ID: 4377777

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