United States v. Jamane Smith


PER CURIAM OPINION FILED - THE COURT: Lavenski R. Smith, Pasco M. Bowman and Duane Benton (UNPUBLISHED); Granting [4420077-2] motion to withdraw as counsel filed by Mr.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]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-2545 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Jamane J. Smith lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Kansas City ____________ Submitted: December 28, 2016 Filed: January 3, 2017 [Unpublished] ____________ Before SMITH, BOWMAN, and BENTON, Circuit Judges. ____________ 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 Page: 1 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. ______________________________ -2- Appellate Case: 16-2545 Page: 2 Date Filed: 01/03/2017 Entry ID: 4485638

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