United States Court of Appeals
For the Eighth Circuit
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No. 14-3131
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
James Dawson
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Western District of Arkansas - Hot Springs
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Submitted: March 13, 2015
Filed: March 20, 2015
[Unpublished]
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Before LOKEN, BOWMAN, and KELLY, Circuit Judges.
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PER CURIAM.
James Dawson directly appeals after he pleaded guilty to a federal drug charge,
and the district court1 sentenced him below the calculated Guidelines range. His
1
The Honorable Susan O. Hickey, United States District Judge for the Western
District of Arkansas.
counsel has moved to withdraw, and has filed a brief under Anders v. California, 386
U.S. 738 (1967). Dawson has filed a pro se supplemental brief raising claims of
ineffective assistance of counsel.
After careful de novo review, see United States v. Scott, 627 F.3d 702, 704 (8th
Cir. 2010), we will enforce the appeal waiver in Dawson’s plea agreement, because
the arguments raised in this appeal fall within the scope of the waiver, Dawson’s
testimony at the plea hearing shows that he entered into the waiver knowingly and
voluntarily, and dismissing the appeal based on the waiver will not result in a
miscarriage of justice, see United States v. Guzman, 707 F.3d 938, 941 (8th Cir.
2013).
Further, having independently reviewed the record pursuant to Penson v. Ohio,
488 U.S. 75 (1988), we find no nonfrivolous issues outside the scope of the appeal
waiver. This appeal is dismissed, and counsel’s motion to withdraw is granted
subject to counsel informing appellant about procedures for seeking rehearing or
filing a petition for certiorari.
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