United States of America v. Joshua Kain Smith

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 15-1995
___________________________
United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Joshua Kain Smith
lllllllllllllllllllll Defendant - Appellant
____________
Appeal from United States District Court
for the Western District of Missouri - Kansas City
____________
Submitted: December 15, 2015
Filed: January 4, 2016
[Unpublished]
____________
Before LOKEN, BOWMAN, and COLLOTON, Circuit Judges.
____________
PER CURIAM.
Joshua Smith appeals from the sentence imposed by the District Court after1
he pleaded guilty to sex trafficking of an adult and attempted sex trafficking of an
The Honorable Gary A. Fenner, United States District Judge for the Western1
District of Missouri.

-- 1 of 2 --

adult. His counsel has moved to withdraw and has filed a brief under Anders v.
California, 386 U.S. 738 (1967), arguing that the court erred in imposing restitution
of $23,406. Because Smith did not object to the amount of restitution at sentencing,
we review only for plain error. See United States v. Louper-Morris, 672 F.3d 539,
566 (8th Cir. 2012) (standard of review). We find no such error. See 18 U.S.C.
§ 3663A (requiring the court to order that restitution be made to an identifiable victim
if the defendant is convicted of, inter alia, a crime of violence). We have reviewed
the record independently under Penson v. Ohio, 488 U.S. 75 (1988), and we find no
nonfrivolous issues for appeal.
Accordingly, we affirm the judgment and grant counsel’s motion to withdraw.
______________________________
-2-

-- 2 of 2 --