United States of America v. Donald D. Johnson

United States Court of Appeals
For the Eighth Circuit
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No. 16-4449
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Donald D. Johnson
lllllllllllllllllllll Defendant - Appellant
Appeal from United States District Court
for the Western District of Missouri - Springfield
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Submitted: November 24, 2017
Filed: January 2, 2018
[Unpublished]
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Before SHEPHERD, MURPHY, and KELLY, Circuit Judges.
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PER CURIAM.
Donald Johnson directly appeals after pleading guilty in the district court to1
participating in a drug conspiracy, pursuant to a plea agreement containing an appeal
The Honorable Roseann A. Ketchmark, United States District Judge for the1
Western District of Missouri.

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waiver. His counsel has moved for leave to withdraw, and has filed a brief under
Anders v. California, 386 U.S. 738 (1967), arguing that the district court inadequately
explained Johnson’s sentence and erred in calculating the Guidelines range.
We conclude that the appeal waiver is valid, applicable, and enforceable. 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, 890-92 (8th
Cir. 2003) (en banc) (discussing enforcement of appeal waivers). 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 appeal
waiver. Accordingly, we grant counsel’s motion, and we dismiss this appeal.
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