United States of America Plaintiff - Appellee v. Jedediah Stout Defendant - Appellant

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United States Court of Appeals, Eighth Circuit.

United States of America Plaintiff - Appellee v. Jedediah Stout Defendant - Appellant

No. 16-4139

    Decided: October 31, 2017

Before WOLLMAN, GRUENDER, and BENTON, Circuit Judges.

Jedediah Stout directly appeals the sentence the district court 1 imposed after he pleaded guilty to arson and other offenses. His counsel has moved for leave to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), questioning the substantive reasonableness of Stout's prison term and the propriety of a restitution order.

Upon careful review,2 we conclude that the district court did not impose a substantively unreasonable sentence, see United States v. Feemster, 572 F.3d 455, 461-62 (8th Cir. 2009) (en banc) (reviewing sentence under deferential abuse-of-discretion standard; discussing substantive reasonableness), and that the court did not err in ordering restitution, see 18 U.S.C. § 3663A(c) (authorizing restitution). In addition, having independently reviewed the record pursuant to Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues for appeal. Accordingly, we grant counsel leave to withdraw, and we affirm.

FOOTNOTES

1.   The Honorable Brian C. Wimes, United States District Judge for the Western District of Missouri.

2.   We decline to enforce an appeal waiver in Stout's plea agreement. See United States v. Boneshirt, 662 F.3d 509, 515-16 (8th Cir. 2011).

PER CURIAM.

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