Filed: Jun. 18, 2019
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 18-3632 _ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Joshua K. Bowers lllllllllllllllllllllDefendant - Appellant _ Appeal from United States District Court for the Western District of Missouri - St. Joseph _ Submitted: June 11, 2019 Filed: June 18, 2019 [Unpublished] _ Before COLLOTON, ERICKSON, and STRAS, Circuit Judges. _ PER CURIAM. Joshua Bowers pleaded guilty to conspiracy to distribute heroin and methamp
Summary: United States Court of Appeals For the Eighth Circuit _ No. 18-3632 _ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Joshua K. Bowers lllllllllllllllllllllDefendant - Appellant _ Appeal from United States District Court for the Western District of Missouri - St. Joseph _ Submitted: June 11, 2019 Filed: June 18, 2019 [Unpublished] _ Before COLLOTON, ERICKSON, and STRAS, Circuit Judges. _ PER CURIAM. Joshua Bowers pleaded guilty to conspiracy to distribute heroin and methamph..
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United States Court of Appeals
For the Eighth Circuit
___________________________
No. 18-3632
___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Joshua K. Bowers
lllllllllllllllllllllDefendant - Appellant
____________
Appeal from United States District Court
for the Western District of Missouri - St. Joseph
____________
Submitted: June 11, 2019
Filed: June 18, 2019
[Unpublished]
____________
Before COLLOTON, ERICKSON, and STRAS, Circuit Judges.
____________
PER CURIAM.
Joshua Bowers pleaded guilty to conspiracy to distribute heroin and
methamphetamine, 21 U.S.C. §§ 841(a)(1), (b)(1)(A)(i), (viii), 846, and possession
of a firearm in furtherance of a drug-trafficking crime, 18 U.S.C. § 924(c)(1)(a). As
part of his plea agreement, he waived his right to appeal unless, as relevant here, he
received a sentence falling outside the plea agreement’s recommended range of 180
to 360 months in prison. The district court1 gave him a 310-month total prison
sentence, which counsel suggests is substantively unreasonable in a brief citing
Anders v. California,
386 U.S. 738 (1967).
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 and that it is applicable to the issue
that Bowers has raised. 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 and
conclude that no other non-frivolous issues exist. See Penson v. Ohio,
488 U.S. 75,
82–83 (1988). Accordingly, we dismiss the appeal.
______________________________
1
The Honorable Greg Kays, United States District Judge for the Western
District of Missouri.
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