United States v. Marcquece Petties ( 2023 )

United States Court of Appeals For the Eighth Circuit ___________________________ No. 23-1511 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Marcquece R. Petties lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the District of Nebraska - Omaha ____________ Submitted: July 5, 2023 Filed: July 10, 2023 [Unpublished] ____________ Before KELLY, ERICKSON, and GRASZ, Circuit Judges. ____________ PER CURIAM. Marcquece Petties appeals the within-Guidelines-range sentence the district 1 court imposed after he pled guilty to a firearm-related charge and a drug charge 1 The Honorable Robert F. Rossiter, Jr., Chief Judge, United States District Court for the District of Nebraska. pursuant to a written plea agreement containing 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 reasonableness of the sentence. 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) (reviewing de novo validity and applicability of appeal waiver); United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc) (enforcing appeal waiver if appeal falls within scope of waiver, defendant knowingly and voluntarily entered into waiver and plea agreement, and enforcing waiver would not result in miscarriage of justice). Further, having independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), we find no non-frivolous issues for appeal outside the scope of the appeal waiver. Accordingly, we dismiss this appeal based on the appeal waiver, and we grant counsel’s motion to withdraw. ______________________________ -2-