United States v. Robert Bean ( 2024 )

United States Court of Appeals
For the Eighth Circuit
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No. 24-2198
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Robert Jevon Bean, also known as Shaq, also known as Willie Dash
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - Jefferson City
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Submitted: October 16, 2024
Filed: October 29, 2024
[Unpublished]
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Before LOKEN, SMITH, and KOBES, Circuit Judges.
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PER CURIAM.
Robert Bean appeals after he pleaded guilty to drug and firearm offenses
pursuant to a plea agreement that includes an appeal waiver. His counsel has moved
to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967),
challenging the sentence imposed by the district court.1 Bean has filed a
supplemental brief challenging his conviction.
Upon careful review, we conclude that the appeal waiver is valid, enforceable,
and applicable to the issues raised in this appeal. See United States v. Scott, 627 F.3d
702, 704 (8th Cir. 2010); United States v. Andis, 333 F.3d 886, 889-92 (8th Cir.
2003) (en banc). To the extent Bean also raises an ineffective-assistance-of-counsel
claim, we decline to review it because the record is not adequately developed. See
United States v. Ramirez-Hernandez, 449 F.3d 824, 826-27 (8th Cir. 2006).
We have also independently reviewed the record under Penson v. Ohio, 488
U.S. 75 (1988), and have found no non-frivolous issues for appeal outside the scope
of the appeal waiver. Accordingly, we grant counsel’s motion to withdraw, and we
dismiss the appeal.
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1
The Honorable Roseann A. Ketchmark, United States District Judge for the
Western District of Missouri.
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