United States v. Keith Clevenger ( 2024 )

United States Court of Appeals
For the Eighth Circuit
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No. 24-2311
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United States of America
Plaintiff - Appellee
v.
Keith A. Clevenger
Defendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - Kansas City
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Submitted: November 5, 2024
Filed: November 8, 2024
[Unpublished]
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Before BENTON, SHEPHERD, and KELLY, Circuit Judges.
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PER CURIAM.
Keith Clevenger appeals the sentence the district court 1 imposed after he pled
guilty to conspiracy to distribute a controlled substance pursuant to a plea agreement
1
The Honorable Beth Phillips, Chief Judge, United States District Court for
the Western District of Missouri.
containing an appeal waiver. Having jurisdiction under 28 U.S.C. § 1291, this court
dismisses the appeal based on the appeal waiver.
Counsel moved for leave to withdraw and filed a brief under Anders v.
California, 386 U.S. 738 (1967), acknowledging the appeal waiver but challenging
the sentence as substantively unreasonable. Upon careful review, this court
concludes that the appeal waiver is enforceable, the issue identified by counsel falls
within the scope of the appeal waiver, the record shows that Clevenger entered into
the plea agreement and the appeal waiver knowingly and voluntarily, and no
miscarriage of justice would result from enforcing the waiver. See United States v.
Scott, 627 F.3d 702, 704 (8th Cir. 2010) (de novo review); 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).
Having independently reviewed the record pursuant to Penson v. Ohio, 488
U.S. 75 (1988), this court finds no non-frivolous issues outside the scope of the
appeal waiver.
The appeal is dismissed and counsel’s motion to withdraw is granted.
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