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United States v. Deauntee Mosby, 17-1362 (2018)

Court: Court of Appeals for the Eighth Circuit Number: 17-1362 Visitors: 41
Filed: Jan. 02, 2018
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 17-1362 _ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Deauntee Q. Mosby lllllllllllllllllllll Defendant - Appellant _ Appeal from United States District Court for the Western District of Missouri - Springfield _ Submitted: November 24, 2017 Filed: January 2, 2018 [Unpublished] _ Before SHEPHERD, MURPHY, and KELLY, Circuit Judges. _ PER CURIAM. Deauntee Mosby directly appeals after pleading guilty in the distri
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                  United States Court of Appeals
                             For the Eighth Circuit
                         ___________________________

                                 No. 17-1362
                         ___________________________

                              United States of America

                         lllllllllllllllllllll Plaintiff - Appellee

                                            v.

                                 Deauntee Q. Mosby

                       lllllllllllllllllllll Defendant - Appellant
                                       ____________

                     Appeal from United States District Court
                 for the Western District of Missouri - Springfield
                                  ____________

                           Submitted: November 24, 2017
                              Filed: January 2, 2018
                                  [Unpublished]
                                  ____________

Before SHEPHERD, MURPHY, and KELLY, Circuit Judges.
                          ____________

PER CURIAM.

       Deauntee Mosby directly appeals after pleading guilty in the district court1 to
participating in a drug conspiracy, pursuant to a plea agreement containing an appeal

      1
      The Honorable Roseann A. Ketchmark, United States District Judge for the
Western District of Missouri.
waiver. His counsel has moved for leave to withdraw, and has filed a brief under
Anders v. California, 
386 U.S. 738
(1967).

       We conclude that the appeal waiver is valid, applicable, and enforceable. See
United States v. Scott, 
627 F.3d 702
, 704 (8th Cir. 2010) (de novo review of validity
and applicability of appeal waiver); United States v. Andis, 
333 F.3d 886
, 890-92 (8th
Cir. 2003) (en banc) (discussing enforcement of appeal waivers). Furthermore, we
have independently reviewed the record under Penson v. Ohio, 
488 U.S. 75
(1988),
and have found no non-frivolous issues for appeal outside the scope of the appeal
waiver. Accordingly, we grant counsel’s motion, and we dismiss this appeal.
                        ______________________________




                                         -2-

Source:  CourtListener

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