United States of America v. James E. Horne, Jr.

United States Court of Appeals
For the Eighth Circuit
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No. 23-3489
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United States of America
Plaintiff - Appellee
v.
James E. Horne, Jr.
Defendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - Kansas City
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Submitted: February 15, 2024
Filed: February 21, 2024
[Unpublished]
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Before SHEPHERD, STRAS, and KOBES, Circuit Judges.
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PER CURIAM.
James Horne, Jr. received a 180-month prison sentence after he pleaded guilty
to carjacking, see 18 U.S.C. § 2119(2); discharging a firearm during a crime of
violence, see id. § 924(c)(1)(A)(iii); and possessing a firearm as a felon, see id.

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§ 922(g)(1). An Anders brief suggests that the district court1 abused its discretion
by overruling his objections and imposing a substantively unreasonable sentence.
See Anders v. California, 386 U.S. 738 (1967).
Upon careful review, we conclude that the appeal waiver in his plea agreement
covers these issues. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010)
(reviewing the validity of an appeal waiver de novo); United States v. Andis, 333
F.3d 886, 889–92 (8th Cir. 2003) (en banc) (explaining that an appeal waiver will
be enforced if the appeal falls within its scope, the defendant knowingly and
voluntarily entered into the plea agreement and the waiver, and enforcing the waiver
would not result in a miscarriage of justice). We have also independently reviewed
the record and conclude that no other non-frivolous issues exist. See Penson v. Ohio,
488 U.S. 75, 82–83 (1988). We accordingly dismiss the appeal and grant counsel
permission to withdraw.
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1 The Honorable David Gregory Kays, United States District Judge for the
Western District of Missouri.

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