United States v. Jonathon Stout

United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 05-2083 ___________ United States of America, * * Appellee, * Appeal from the United States * District Court for the v. * Western District of Missouri. * Jonathon Stout, * [UNPUBLISHED] * Appellant. * ___________ Submitted: January 5, 2006 Filed: January 11, 2006 ___________ Before BYE, McMILLIAN, and RILEY, Circuit Judges. ___________ 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 court1 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. 1 The Honorable Scott O. Wright, United States District Judge for the Western District of Missouri. 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. ______________________________ -2-