United States v. William Mefford

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 11-2740
___________
United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* Western District of Missouri.
Joanna M. Price, *
* [UNPUBLISHED]
Appellant. *
___________
Submitted: February 29, 2012
Filed: March 8, 2012
___________
Before MURPHY, ARNOLD, and SHEPHERD, Circuit Judges.
___________
PER CURIAM.
Under the terms of a written plea agreement that contained an appeal waiver,
Joanna Price pleaded guilty to making a false statement during a firearm purchase,
in violation of 18 U.S.C. § 924(a)(1)(A). The district court imposed a sentence of1
12 months and 1 day in prison, and 2 years of supervised release. Defense counsel
has submitted a brief under Anders v. California, 386 U.S. 738 (1967), in which she
moves to withdraw.
The Honorable Ortrie D. Smith, United States District Judge for the Western1
District of Missouri.

-- 1 of 2 --

We conclude that the appeal waiver should be enforced as to all issues in this
appeal. See United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc)
(court should enforce appeal waiver and dismiss appeal where appeal falls within
scope of waiver, both plea agreement and waiver were entered into knowingly and
voluntarily, and no miscarriage of justice would result); see also United States v.
Estrada-Bahena, 201 F.3d 1070, 1071 (8th Cir. 2000) (per curiam) (enforcing appeal
waiver in Anders case).
Having independently reviewed the record under Penson v. Ohio, 488 U.S. 75
(1988), we have found no nonfrivolous issue not covered by the waiver.
Accordingly, we dismiss this appeal and grant counsel’s motion to withdraw, subject
to counsel informing Ms. Price about procedures for seeking rehearing or filing a
petition for certiorari.
______________________________
-2-

-- 2 of 2 --