United States v. Markeith Thoma

Filing

PER CURIAM OPINION FILED - THE COURT: James B. Loken, Duane Benton and Jane Kelly (UNPUBLISHED); Granting [4382440-2] motion to withdraw as counsel filed by Mr.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

United States Court of Appeals
For the Eighth Circuit
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No. 16-1469
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Markeith Deshun Thomas
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Eastern District of Arkansas - Little Rock
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Submitted: August 2, 2016
Filed: August 8, 2016
[Unpublished]
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Before LOKEN, BENTON, and KELLY, Circuit Judges.
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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
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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.
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Appellate Case: 16-1469

Page: 2

Date Filed: 08/08/2016 Entry ID: 4435019