United States v. Darius Balogun ( 2024 )

United States Court of Appeals
For the Eighth Circuit
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No. 23-3508
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Darius Dokun Oluwadami Balogun
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the District of Minnesota
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Submitted: April 5, 2024
Filed: April 10, 2024
[Unpublished]
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Before GRUENDER, ERICKSON, and KOBES, Circuit Judges.
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PER CURIAM.
Darius Balogun appeals the sentence the district court1 imposed after he
pleaded guilty to a drug conspiracy offense pursuant to a plea agreement containing
1
The Honorable Joan N. Ericksen, United States District Judge for the District
of Minnesota.
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 the appeal waiver is valid, enforceable, and
applicable to the issue raised in this appeal. See United States v. Scott, 627 F.3d 702,
704 (8th Cir. 2010) (reviewing de novo the validity and applicability of an 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 plea agreement and waiver, and enforcing waiver would
not result in a miscarriage of justice).
Further, 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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