United States v. Montarris Raiford ( 2018 )

United States Court of Appeals
For the Eighth Circuit
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No. 17-2893
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Montarris Marquis Raiford
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Eastern District of Arkansas - Little Rock
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Submitted: April 18, 2018
Filed: April 23, 2018
[Unpublished]
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Before GRUENDER, BENTON, and STRAS, Circuit Judges.
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PER CURIAM.
Montarris Marquis Raiford directly appeals after pleading guilty in the district
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court to a drug offense, pursuant to a plea agreement containing an appeal waiver.
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The Honorable D.P. Marshall Jr., United States District Judge for the Eastern
District of Arkansas.
Raiford’s counsel has moved to withdraw, and has filed a brief under Anders v.
California, 386 U.S. 738 (1967). Having jurisdiction under 28 U.S.C. § 1291, this
court dismisses the appeal based on the appeal waiver.
Upon review, this court concludes 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 waiver); United States v. Andis,
333 F.3d 886, 889-92 (8th Cir. 2003) (en banc) (appeal waiver will 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). An independent review of the record reveals no nonfrivolous issues for
appeal outside the scope of the waiver. See Penson v. Ohio, 488 U.S. 75 (1988).
The appeal is dismissed. Counsel’s motion to withdraw is granted.
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