United States of America v. Robert Jason Smith

United States Court of Appeals
For the Eighth Circuit
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No. 24-3034
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Robert Jason Smith
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - Springfield
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Submitted: February 4, 2025
Filed: February 7, 2025
[Unpublished]
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Before LOKEN, KELLY, and ERICKSON, Circuit Judges.
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PER CURIAM.
Robert Smith appeals the sentence the district court1 imposed after he pled
guilty to a drug conspiracy offense pursuant to a written plea agreement containing
1The Honorable M. Douglas Harpool, United States District Judge for the
Western District of Missouri.

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an appeal waiver. His counsel has moved to withdraw and has filed a brief under
Anders v. California, 386 U.S. 738 (1967), challenging the reasonableness of the
sentence.
Upon careful review, we conclude the appeal waiver is valid, enforceable, and
applicable to the 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)
(enforcing appeal waiver 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).
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 the
appeal based on the appeal waiver.
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