United States of America v. Robert J. Odell

United States Court of Appeals
For the Eighth Circuit
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No. 18-2684
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Robert J. Odell
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - St. Joseph
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Submitted: March 13, 2019
Filed: March 22, 2019
[Unpublished]
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Before ERICKSON, WOLLMAN, and KOBES, Circuit Judges.
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PER CURIAM.
Robert Odell directly appeals the within-Guidelines-range sentence the district
court imposed after he pled guilty to a firearm offense, pursuant to a plea agreement1
The Honorable Beth Phillips, Chief Judge, United States District Court for the1
Western District of Missouri.

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containing an appeal waiver. In a brief filed under Anders v. California, 386 U.S. 738
(1967), his counsel suggests that the court imposed an unreasonable sentence that did
not adequately address the 18 U.S.C. § 3553(a) factors. Counsel also acknowledges
the appeal waiver and moves for leave to withdraw. In a pro se brief, Odell asserts
that his counsel misadvised him regarding sentencing matters.
We decline, at this time, to consider any claims for ineffective assistance of
counsel. See United States v. Hernandez, 281 F.3d 746, 749 (8th Cir. 2002)
(generally, ineffective-assistance claim is not cognizable on direct appeal). As to the
remaining issues, we enforce the appeal waiver. 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, 889-92 (8th Cir. 2003) (en banc)
(appeal waiver will be enforced if appeal falls within scope of waiver, defendant
knowingly and voluntarily entered into plea agreement and waiver, and enforcing
waiver would not result in miscarriage of justice).
Having independently reviewed the record pursuant to Penson v. Ohio, 488
U.S. 75 (1988), we find no nonfrivolous issues for appeal outside the scope of the
appeal waiver. Accordingly, we dismiss this appeal, and grant counsel leave to
withdraw.
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