United States v. Douglas Lee ( 2024 )

United States Court of Appeals
For the Eighth Circuit
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No. 23-2929
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Douglas Antonio Lee, also known as Tonio
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: March 28, 2024
Filed: April 8, 2024
[Unpublished]
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Before SHEPHERD, KELLY, and KOBES, Circuit Judges.
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PER CURIAM.
Douglas Antonio Lee appeals the sentence the district court1 imposed after he
pleaded guilty to drug and firearm offenses pursuant to a plea agreement containing
1
The Honorable Stephen R. Bough, United States District Judge for the
Western District of Missouri.
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 substantive
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) (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).
We have 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 dismiss this
appeal.
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