United States v. Markeith Thoma


PER CURIAM OPINION FILED - THE COURT: James B. Loken, Duane Benton and Jane Kelly (UNPUBLISHED); Granting [4382440-2] motion to withdraw as counsel filed by Mr. David R. Cannon. [4435019] [16-1469]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-1469 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Markeith Deshun Thomas lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Eastern District of Arkansas - Little Rock ____________ Submitted: August 2, 2016 Filed: August 8, 2016 [Unpublished] ____________ Before LOKEN, BENTON, and KELLY, Circuit Judges. ____________ PER CURIAM. Markeith Deshun Thomas directly appeals the sentence imposed by the district court after he pled guilty to possessing and selling stolen firearms in violation of 18 1 1 The Honorable J. Leon Holmes, United States District Judge for the Eastern District of Arkansas. Appellate Case: 16-1469 Page: 1 Date Filed: 08/08/2016 Entry ID: 4435019 U.S.C. §§ 922(j) and 924(a)(2). His counsel has moved to withdraw and filed a brief under Anders v. California, 386 U.S. 738 (1967). Having jurisdiction under 28 U.S.C. § 1291, this court dismisses the appeal. Thomas’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 non-frivolous issues for appeal. The appeal is dismissed and counsel’s motion to withdraw is granted. ______________________________ -2- Appellate Case: 16-1469 Page: 2 Date Filed: 08/08/2016 Entry ID: 4435019

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