United States of America v. Michael Lee Gene Stapleton

United States Court of Appeals
For the Eighth Circuit
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No. 24-1557
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Michael Lee Gene Stapleton
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - Jefferson City
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Submitted: August 6, 2024
Filed: August 9, 2024
[Unpublished]
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Before GRUENDER, SHEPHERD, and ERICKSON, Circuit Judges.
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PER CURIAM.
Michael Lee Gene Stapleton appeals after he pled guilty to mail fraud charges
pursuant to a written plea agreement containing an appeal waiver and the district

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court1 imposed a within-Guidelines sentence and ordered restitution. His counsel has
moved to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738
(1967), challenging the sentence and restitution order and suggesting Stapleton
asserts he received ineffective assistance of counsel.
We decline to consider any claims of ineffective assistance of counsel on direct
appeal. See United States v. Ramirez-Hernandez, 449 F.3d 824, 826-27 (8th Cir.
2006) (stating that ineffective-assistance claims are usually best litigated in collateral
proceedings where record can be properly developed). Upon careful review, we
conclude the appeal waiver is valid, enforceable, and applicable to the other issues
raised in this appeal. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010)
(reviewing de novo 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 the waiver, defendant knowingly and
voluntarily entered into plea agreement and waiver, and enforcing waiver would not
result in miscarriage of justice). Further, having independently reviewed the record
under Penson v. Ohio, 488 U.S. 75 (1988), we find 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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1The Honorable Roseann A. Ketchmark, United States District Judge for the
Western District of Missouri.
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