United States Court of Appeals
                            FOR THE EIGHTH CIRCUIT
                                   ___________

                                   No. 02-2731
                                   ___________

United States of America,               *
                                        *
             Appellee,                  * Appeal from the United States
                                        * District Court for the
      v.                                * District of Minnesota.
                                        *
Ricardio Dale Smith,                    *      [UNPUBLISHED]
                                        *
             Appellant.                 *
                                   ___________

                          Submitted: January 24, 2003
                              Filed: January 27, 2003
                                   ___________

Before LOKEN, FAGG, and MURPHY, Circuit Judges.
                           ___________

PER CURIAM.

       Ricardio Dale Smith pleaded guilty to possession of a firearm and ammunition
by a person with three felony crime-of-violence convictions, in violation of 18 U.S.C.
§§ 922(g)(1) and 924(e). Smith entered into a plea agreement in which he waived his
right to appeal his sentence so long as the court sentenced him at or below the
Guidelines range of 168-210 months. The district court1 sentenced Smith to the
mandatory minimum of 180 months in prison and five years of supervised release.


      1
       The HONORABLE MICHAEL J. DAVIS, United States District Judge for the
District of Minnesota.
On appeal, counsel has moved to withdraw and filed a brief under Anders v.
California, 

(1967).

       Smith knowingly and intelligently waived his right to appeal the sentence the
district court imposed. See United States v. Morrison, 

, 568 (8th Cir.
1999). Further, having reviewed the record under Penson v. Ohio, 

, 80
(1988), we find no nonfrivolous issues.

      Accordingly, we grant counsel’s motion to withdraw and affirm.

      A true copy.

            Attest:

                     CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.




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