Filed: Dec. 06, 2018
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 18-1784 _ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Donnell Draper lllllllllllllllllllllDefendant - Appellant _ Appeal from United States District Court for the Western District of Missouri - Kansas City _ Submitted: November 30, 2018 Filed: December 6, 2018 [Unpublished] _ Before KELLY, GRASZ, and STRAS, Circuit Judges. _ PER CURIAM. Donnell Draper pleaded guilty to being a felon in possession of a firearm.
Summary: United States Court of Appeals For the Eighth Circuit _ No. 18-1784 _ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Donnell Draper lllllllllllllllllllllDefendant - Appellant _ Appeal from United States District Court for the Western District of Missouri - Kansas City _ Submitted: November 30, 2018 Filed: December 6, 2018 [Unpublished] _ Before KELLY, GRASZ, and STRAS, Circuit Judges. _ PER CURIAM. Donnell Draper pleaded guilty to being a felon in possession of a firearm. 1..
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United States Court of Appeals
For the Eighth Circuit
___________________________
No. 18-1784
___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Donnell Draper
lllllllllllllllllllllDefendant - Appellant
____________
Appeal from United States District Court
for the Western District of Missouri - Kansas City
____________
Submitted: November 30, 2018
Filed: December 6, 2018
[Unpublished]
____________
Before KELLY, GRASZ, and STRAS, Circuit Judges.
____________
PER CURIAM.
Donnell Draper pleaded guilty to being a felon in possession of a firearm. 18
U.S.C. §§ 922(g)(1), 924(a)(2). As part of his plea agreement, Draper waived the
right to appeal except to challenge an illegal sentence or to raise ineffective assistance
of counsel or prosecutorial misconduct. The district court1 sentenced Draper to a
prison term at the bottom of the Sentencing Guidelines range, and he now directly
appeals his sentence. Draper’s counsel has filed a brief under Anders v. California,
386 U.S. 738 (1967), and has asked to withdraw. The Anders brief disputes a
Guidelines enhancement applied at sentencing and the overall reasonableness of
Draper’s sentence.
We review the validity and applicability of an appeal waiver de novo. See
United States v. Scott,
627 F.3d 702, 704 (8th Cir. 2010). Upon careful review, we
conclude that the appeal waiver is enforceable, that it is applicable to the issues raised
in this appeal, and that none of the exceptions to the waiver apply. See 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 the scope of the waiver, 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 under Penson v. Ohio,
488 U.S. 75 (1988), and
there are no non-frivolous issues for appeal falling outside the scope of the appeal
waiver. Accordingly, we dismiss this appeal, and we grant counsel permission to
withdraw.
______________________________
1
The Honorable Gary A. Fenner, United States District Judge for the Western
District of Missouri.
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