Filed: Aug. 29, 2019
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 19-1041 _ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Antonio E. Wills lllllllllllllllllllllDefendant - Appellant _ Appeal from United States District Court for the Western District of Missouri - Kansas City _ Submitted: August 26, 2019 Filed: August 29, 2019 [Unpublished] _ Before BENTON, SHEPHERD, and KELLY, Circuit Judges. _ PER CURIAM. Antonio Wills appeals after he pleaded guilty to a drug offense, under a
Summary: United States Court of Appeals For the Eighth Circuit _ No. 19-1041 _ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Antonio E. Wills lllllllllllllllllllllDefendant - Appellant _ Appeal from United States District Court for the Western District of Missouri - Kansas City _ Submitted: August 26, 2019 Filed: August 29, 2019 [Unpublished] _ Before BENTON, SHEPHERD, and KELLY, Circuit Judges. _ PER CURIAM. Antonio Wills appeals after he pleaded guilty to a drug offense, under a ..
More
United States Court of Appeals
For the Eighth Circuit
___________________________
No. 19-1041
___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Antonio E. Wills
lllllllllllllllllllllDefendant - Appellant
____________
Appeal from United States District Court
for the Western District of Missouri - Kansas City
____________
Submitted: August 26, 2019
Filed: August 29, 2019
[Unpublished]
____________
Before BENTON, SHEPHERD, and KELLY, Circuit Judges.
____________
PER CURIAM.
Antonio Wills appeals after he pleaded guilty to a drug offense, under a plea
agreement containing an appeal waiver, and the district court1 sentenced him to a
1
The Honorable Roseann A. Ketchmark, United States District Judge for the
Western District of Missouri.
within-Guidelines prison term. His counsel has moved for leave to withdraw, and has
filed a brief under Anders v. California,
386 U.S. 738 (1967), challenging Wills’s
classification as a career offender.
On appeal, Wills does not challenge the validity of the plea agreement or the
appeal waiver. He challenges only his career offender classification, but this
argument falls within the scope of the waiver and is thus foreclosed. See United
States v. Andis,
333 F.3d 886, 889-92 (8th Cir. 2003) (en banc) (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
have found no non-frivolous issues for appeal falling outside the scope of the waiver.
Accordingly, we dismiss this appeal based on the appeal waiver, and we grant
counsel’s motion to withdraw.
______________________________
-2-