United States v. Robert Lovett-El

Filing

PER CURIAM OPINION FILED - THE COURT: Roger L. Wollman, Pasco M. Bowman and Diana E. Murphy (UNPUBLISHED) [4385649] [15-3229] The motion of Ms. Teneil Kellerman for leave to withdraw as counsel for appellant is granted.--[Edited 04/06/2016 by LMT]

United States Court of Appeals
For the Eighth Circuit
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No. 15-3229
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Robert Lovett-El
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Eastern District of Missouri - St. Louis
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Submitted: April 1, 2016
Filed: April 6, 2016
[Unpublished]
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Before WOLLMAN, BOWMAN, and MURPHY, Circuit Judges.
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PER CURIAM.
Robert Lovett-El directly appeals the sentence imposed by the district court1
after he pleaded guilty to conspiring to distribute heroin and possessing a firearm in
1

The Honorable Audrey G. Fleissig, United States District Judge for the
Eastern District of Missouri.

Appellate Case: 15-3229

Page: 1

Date Filed: 04/06/2016 Entry ID: 4385649

furtherance of a drug-trafficking crime. His counsel has moved to withdraw, and has
filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the
sentence was unreasonable. We conclude that Lovett-El’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.
Accordingly, we dismiss the appeal and we grant counsel’s motion to
withdraw.
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Appellate Case: 15-3229

Page: 2

Date Filed: 04/06/2016 Entry ID: 4385649