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United States of America Plaintiff - Appellee v. Joshua Kain Smith Defendant - Appellant

PER CURIAM.

Appeal from United States District Court for the Western District of Missouri - Kansas City [Unpublished] Before LOKEN, BOWMAN, and COLLOTON, Circuit Judges. PER CURIAM.

Joshua Smith appeals from the sentence imposed by the District Court after he pleaded guilty to sex trafficking of an adult and attempted sex trafficking of an adult. His counsel has moved to withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the court erred in imposing restitution of $23,406. Because Smith did not object to the amount of restitution at sentencing, we review only for plain error. See United States v. Louper-Morris, 672 F.3d 539, 566 (8th Cir. 2012) (standard of review). We find no such error. See 18 U.S.C. § 3663A (requiring the court to order that restitution be made to an identifiable victim if the defendant is convicted of, inter alia, a crime of violence). We have reviewed the record independently under Penson v. Ohio, 488 U.S. 75 (1988), and we find no nonfrivolous issues for appeal.

The Honorable Gary A. Fenner, United States District Judge for the Western District of Missouri. --------

Accordingly, we affirm the judgment and grant counsel's motion to withdraw.

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United States v. Smith
(Jan 4, 2016)