United States v. Jedediah Stout ( 2017 )

United States Court of Appeals
For the Eighth Circuit
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No. 16-4139
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Jedediah Stout
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - Joplin
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Submitted: October 26, 2017
Filed: October 31, 2017
[Unpublished]
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Before WOLLMAN, GRUENDER, and BENTON, Circuit Judges.
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PER CURIAM.
Jedediah Stout directly appeals the sentence the district court1 imposed after
he pleaded guilty to arson and other offenses. His counsel has moved for leave to
1
The Honorable Brian C. Wimes, United States District Judge for the Western
District of Missouri.
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.
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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).
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