United States of America v. Hassan Lamont Johnson

United States Court of Appeals
For the Eighth Circuit
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No. 17-3704
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Hassan Lamont Johnson
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Eastern District of Missouri - St. Louis
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Submitted: March 4, 2019
Filed: March 7, 2019
[Unpublished]
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Before LOKEN, COLLOTON, and KOBES, Circuit Judges.
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PER CURIAM.

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Hassan Johnson directly appeals the sentence the district court imposed after1
he pleaded guilty to a firearm offense, pursuant to a plea agreement containing an
appeal waiver. His counsel has moved to withdraw and has filed a brief under Anders
v. California, 386 U.S. 738 (1967).
We will enforce the appeal waiver in this case because our review of the record
demonstrates that Johnson entered into the plea agreement and the appeal waiver
knowingly and voluntarily, his challenge to the sentence falls within the scope of the
appeal waiver, and no miscarriage of justice would result from enforcing the waiver.
See United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc). Further,
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 to withdraw and dismiss this appeal.
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The Honorable Audrey G. Fleissig, United States District Judge for the1
Eastern District of Missouri.
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