United States v. Brooke Beckley ( 2019 )

United States Court of Appeals
For the Eighth Circuit
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No. 18-1565
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Brooke Danielle Beckley
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - Springfield
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Submitted: June 21, 2019
Filed: July 3, 2019
[Unpublished]
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Before KELLY, BOWMAN, and GRASZ, Circuit Judges.
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PER CURIAM.
Brooke Beckley directly appeals after she pleaded guilty in the district court1
to drug and firearm offenses, pursuant to a plea agreement containing an appeal
1
The Honorable Roseann A. Ketchmark, United States District Judge for the
Western District of Missouri.
waiver. Her counsel has moved for leave to withdraw, and has filed a brief under
Anders v. California, 386 U.S. 738 (1967), suggesting that the district court imposed
a substantively unreasonable sentence.
We conclude that the appeal waiver is valid, applicable, and enforceable. See
United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (de novo review of validity
and applicability of appeal waivers); United States v. Andis, 333 F.3d 886, 889-92
(8th Cir. 2003) (en banc) (appeal waiver should be enforced if appeal falls within
scope of waiver, defendant knowingly and voluntarily entered into plea agreement
and waiver, and enforcing waiver would not result in miscarriage of justice).
Furthermore, we have independently reviewed the record pursuant to 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, and we dismiss
this appeal.
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