Filed: Aug. 08, 2016
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 16-1469 _ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Markeith Deshun Thomas lllllllllllllllllllll Defendant - Appellant _ Appeal from United States District Court for the Eastern District of Arkansas - Little Rock _ Submitted: August 2, 2016 Filed: August 8, 2016 [Unpublished] _ Before LOKEN, BENTON, and KELLY, Circuit Judges. _ PER CURIAM. Markeith Deshun Thomas directly appeals the sentence imposed by the d
Summary: United States Court of Appeals For the Eighth Circuit _ No. 16-1469 _ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Markeith Deshun Thomas lllllllllllllllllllll Defendant - Appellant _ Appeal from United States District Court for the Eastern District of Arkansas - Little Rock _ Submitted: August 2, 2016 Filed: August 8, 2016 [Unpublished] _ Before LOKEN, BENTON, and KELLY, Circuit Judges. _ PER CURIAM. Markeith Deshun Thomas directly appeals the sentence imposed by the di..
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United States Court of Appeals
For the Eighth Circuit
___________________________
No. 16-1469
___________________________
United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Markeith Deshun Thomas
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Eastern District of Arkansas - Little Rock
____________
Submitted: August 2, 2016
Filed: August 8, 2016
[Unpublished]
____________
Before LOKEN, BENTON, and KELLY, Circuit Judges.
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PER CURIAM.
Markeith Deshun Thomas directly appeals the sentence imposed by the district
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court after he pled guilty to possessing and selling stolen firearms in violation of 18
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The Honorable J. Leon Holmes, United States District Judge for the Eastern
District of Arkansas.
U.S.C. §§ 922(j) and 924(a)(2). His counsel has moved to withdraw and filed a brief
under Anders v. California,
386 U.S. 738 (1967). Having jurisdiction under 28 U.S.C.
§ 1291, this court dismisses the appeal.
Thomas’s appeal waiver should be enforced and prevents consideration of his
claim. 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,
889-90 (8th Cir. 2003) (en banc) (court should enforce appeal waiver and dismiss
appeal where it falls within scope of waiver, plea agreement and waiver were entered
into knowingly and voluntarily, and no miscarriage of justice would result). An
independent review of the record under Penson v. Ohio,
488 U.S. 75 (1988), reveals
no non-frivolous issues for appeal.
The appeal is dismissed and counsel’s motion to withdraw is granted.
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