United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 05-2360
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* Western District of Missouri.
Khounxai Phimvongsa, *
* [UNPUBLISHED]
Appellant. *
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Submitted: February 3, 2006
Filed: February 8, 2006
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Before ARNOLD, BYE, and SMITH, Circuit Judges.
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PER CURIAM.
Khounxai Phimvongsa pleaded guilty to being a felon and an unlawful user of
controlled substances in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1)
and (g)(3), and possessing marijuana with intent to distribute, in violation of 21 U.S.C.
§ 841(a)(1). The district court1 sentenced him to 46 months in prison and 3 years of
supervised release. On appeal, Phimvongsa’s counsel has moved to withdraw and
filed a brief under Anders v. California, 386 U.S. 738 (1967).
1
The Honorable Gary A. Fenner, United States District Judge for the Western
District of Missouri.
Phimvongsa’s plea agreement contains a valid appeal waiver. See United States
v. Andis, 333 F.3d 886, 889-90 (8th Cir.) (en banc), cert. denied, 540 U.S. 997 (2003).
Having reviewed the record independently pursuant to Penson v. Ohio, 488 U.S. 75
(1988), for any nonfrivolous issues not covered by the appeal waiver, we enforce the
waiver, dismiss this appeal, and grant counsel’s motion to withdraw.
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