United States v. Tywon Harris ( 2024 )

United States Court of Appeals
For the Eighth Circuit
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No. 24-2596
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Tywon Harris
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Eastern District of Missouri - St. Louis
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Submitted: November 19, 2024
Filed: November 22, 2024
[Unpublished]
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Before SMITH, ERICKSON, and KOBES, Circuit Judges.
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PER CURIAM.
Tywon Harris appeals the within-Guidelines sentence the district court1
imposed after he pled guilty to aiding and abetting the discharge of a firearm during
1
The Honorable Henry E. Autrey, United States District Judge for the Eastern
District of Missouri.
a crime of violence, causing the murder of a person. His counsel has moved for leave
to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967),
questioning whether the appeal waiver in the plea agreement was entered knowingly
and voluntarily. Upon careful review, we conclude that the plea agreement was
entered knowingly and voluntarily. See United States v. Scott, 627 F.3d 702, 704
(8th Cir. 2010) (de novo review); United States v. Andis, 333 F.3d 886, 890-91 (8th
Cir. 2003) (en banc) (district court can ensure plea agreement is knowing and
voluntary by questioning defendant about decision to enter into agreement).
Having independently reviewed the record pursuant to Penson v. Ohio, 488
U.S. 75 (1988), we find no non-frivolous issues for appeal. Accordingly, we affirm
and grant counsel’s motion to withdraw.
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