United States v. Howard Eugene Liner

1The Honorable Scott O. Wright, United States District Judge for the Western
District of Missouri.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 05-2083
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United States of America, *
*
Appellee, * Appeal from the United States
* District Court for the
v. * Western District of Missouri.
*
Jonathon Stout, * [UNPUBLISHED]
*
Appellant. *
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Submitted: January 5, 2006
Filed: January 11, 2006
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Before BYE, McMILLIAN, and RILEY, Circuit Judges.
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PER CURIAM.
Jonathon Stout pleaded guilty to being a felon in possession of a firearm, in
violation of 18 U.S.C. § 922(g)(1). His written plea agreement included an appeal
waiver. The district court 1 sentenced him to the statutory minimum of 180 months in
prison and 5 years of supervised release. See 18 U.S.C. § 924(e)(1). On appeal,
Stout’s counsel has moved to withdraw and filed a brief under Anders v. California,
386 U.S. 738 (1967), and Stout has filed a pro se supplemental brief.

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-2-
After reading the briefs and reviewing the record independently under Penson
v. Ohio, 488 U.S. 75 (1988), we dismiss this appeal on the basis of the appeal waiver
in the plea agreement. See United States v. Andis, 333 F.3d 886, 889-90 (8th Cir.) (en
banc) (criteria for enforcing appeal waiver), cert. denied, 540 U.S. 997 (2003); United
States v. Estrada-Bahena, 201 F.3d 1070, 1071 (8th Cir. 2000) (per curiam) (enforcing
appeal waiver in Anders case). We also grant counsel’s motion to withdraw.
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