James Newport v. U.S. Dept. of Labor

1The Honorable Richard G. Kopf, United States District Judge for the District
of Nebraska.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 10-2745
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* District of Nebraska.
Kelvin L. Stinson, *
* [UNPUBLISHED]
Appellant. *
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Submitted: November 26, 2010
Filed: December 7, 2010
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Before LOKEN, MURPHY, and BENTON, Circuit Judges.
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PER CURIAM.
Kelvin Stinson challenges the sentence the district court 1 imposed upon his
guilty plea to a drug offense. His counsel seeks leave to withdraw, and has filed a
brief pursuant to Anders v. California, 386 U.S. 738 (1967), raising as a potential
issue that the sentence is unreasonable.
We will dismiss this appeal. The written plea agreement contains an appeal
waiver, and we conclude that the waiver should be enforced: the transcript of the plea

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hearing discloses that Stinson knowingly and voluntarily entered into the plea
agreement after discussing it with his attorney, and understood the appeal waiver; the
argument on appeal falls within the scope of the waiver; and enforcing the waiver
would not result in a miscarriage of justice. See United States v. Andis, 333 F.3d 886,
890-92 (8th Cir. 2003) (en banc) (enforceability of appeal waiver); United States v.
Estrada-Bahena, 201 F.3d 1070, 1071 (8th Cir. 2000) (per curiam) (enforcing appeal
waiver in Anders case).
Having reviewed the record independently pursuant to Penson v. Ohio, 488
U.S. 75, 80 (1988), we have found no nonfrivolous issue for appeal. Accordingly, we
dismiss this appeal, and we grant counsel’s motion to withdraw, subject to counsel
informing Stinson about procedures for seeking rehearing or filing a petition for
certiorari.
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