United States v. Jamane Smith

Filing

PER CURIAM OPINION FILED - THE COURT: Lavenski R. Smith, Pasco M. Bowman and Duane Benton (UNPUBLISHED); Granting [4420077-2] motion to withdraw as counsel filed by Mr. Travis D. Poindexter.; Denying [4435949-2] motion to hold case in abeyance filed by Appellant Jamane J. Smith. [4485638] [16-2545]

United States Court of Appeals
For the Eighth Circuit
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No. 16-2545
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Jamane J. Smith
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 28, 2016
Filed: January 3, 2017
[Unpublished]
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Before SMITH, BOWMAN, and BENTON, Circuit Judges.
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PER CURIAM.
Jamane Smith appeals from the judgment of the District Court1 imposing
sentence after he pleaded guilty to robbery and firearm charges. His counsel has
1

The Honorable Greg Kays, Chief Judge, United States District Court for the
Western District of Missouri.

Appellate Case: 16-2545

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Date Filed: 01/03/2017 Entry ID: 4485638

moved to withdraw and has filed a brief under Anders v. California, 386 U.S. 738
(1967), arguing that the court imposed a substantively unreasonable sentence. Smith
has filed a pro se brief challenging the court’s conclusion that he was a career
offender under U.S. Sentencing Guidelines § 4B1.1. He has also filed a motion
requesting that his appeal be held in abeyance pending an anticipated Supreme Court
decision.
Smith pleaded guilty after entering into a written plea agreement containing an
appeal waiver. Notwithstanding the assertions made by counsel and Smith, we
conclude that the appeal waiver is enforceable. See United States v. Scott, 627 F.3d
702, 704 (8th Cir. 2010) (standard of review); United States v. Andis, 333 F.3d 886,
890–92 (8th Cir.) (en banc) (discussing the enforcement of appeal waivers), cert.
denied, 540 U.S. 997 (2003); see also United States v. Lumpkins, 687 F.3d 1011,
1014–15 (8th Cir. 2012) (enforcing an appeal waiver in an analogous case), cert.
denied, 133 S. Ct. 1612 (2013).
We have independently reviewed the record under Penson v. Ohio, 488 U.S.
75, 80 (1988), and have found no non-frivolous issues for appeal. We grant counsel’s
motion to withdraw, deny Smith’s motion, and dismiss this appeal.
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Appellate Case: 16-2545

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Date Filed: 01/03/2017 Entry ID: 4485638