United States of America v. Clifton Hudson

United States Court of Appeals
For the Eighth Circuit
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No. 17-1158
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Clifton Hudson
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the District of Nebraska - Lincoln
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Submitted: October 5, 2017
Filed: October 25, 2017
[Unpublished]
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Before LOKEN, MURPHY, and SHEPHERD, Circuit Judges.
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PER CURIAM.
In this direct criminal appeal, Clifton Hudson challenges the sentence the
district court imposed after he pleaded guilty, pursuant to a written plea agreement,1
The Honorable Richard G. Kopf, United States District Judge for the District1
of Nebraska.

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to a robbery charge. His counsel has moved to withdraw and submitted a brief under
Anders v. California, 386 U.S. 738 (1967), challenging his career-offender
designation and arguing that the sentence was unreasonable.
We conclude that the appeal waiver is enforceable, because our review of the
record demonstrates that Hudson entered into the plea agreement and the appeal
waiver knowingly and voluntarily, see Nguyen v. United States, 114 F.3d 699, 703
(8th Cir. 1997); the argument falls within the scope of the waiver; and no miscarriage
of justice would result from enforcing the waiver, see United States v. Scott, 627 F.3d
702, 704 (8th Cir. 2010) (de novo review); United States v. Andis, 333 F.3d 886,
890-92 (8th Cir. 2003) (en banc). Furthermore, we have independently reviewed the
record under Penson v. Ohio, 488 U.S. 75 (1988), and have found no non-frivolous
issues for appeal outside the scope of the waiver.
Accordingly, we grant counsel’s motion, and we dismiss this appeal.
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