United States v. Robert Lennox ( 2024 )

United States Court of Appeals
For the Eighth Circuit
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No. 23-3745
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Robert Lennox
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - Joplin
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Submitted: April 12, 2024
Filed: April 18, 2024
[Unpublished]
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Before LOKEN, SMITH, and KELLY, Circuit Judges.
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PER CURIAM.
Robert Lennox appeals the sentence imposed by the district court1 after he
pleaded guilty to a sex offense under a written plea agreement containing an appeal
1
The Honorable M. Douglas Harpool, United States District Judge for the
Western District of Missouri.
waiver. His counsel has moved for leave to withdraw and has filed a brief under
Anders v. California, 386 U.S. 738 (1967), arguing that the sentence is unreasonable.
We conclude that 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) (validity and applicability of an appeal waiver is reviewed de novo); United
States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc) (appeal waiver will
be enforced if the appeal falls within the scope of the waiver, the defendant
knowingly and voluntarily entered into the plea agreement and the waiver, and
enforcing the waiver would not result in a 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 falling outside the scope
of the waiver. Accordingly, we grant counsel’s motion to withdraw, and dismiss this
appeal.
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