United States v. Joseph Henderson

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 17-2390
___________________________
United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Joseph A. Henderson
lllllllllllllllllllll Defendant - Appellant
____________
Appeal from United States District Court
for the Western District of Missouri - Kansas City
____________
Submitted: February 9, 2018
Filed: February 14, 2018
[Unpublished]
____________
Before LOKEN, KELLY, and ERICKSON, Circuit Judges.
____________
PER CURIAM.
Joseph Henderson directly appeals the sentence the district court1 imposed after
he pled guilty to a firearm offense, pursuant to a plea agreement containing an appeal
1
The Honorable Greg Kays, Chief Judge, United States District Court for the
Western District of Missouri.
waiver. Counsel has moved for leave to withdraw, and has filed a brief under Anders
v. California, 386 U.S. 738 (1967), challenging the substantive reasonableness of
Henderson’s sentence.
After careful review, we conclude that the appeal waiver is enforceable. See
United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (validity and applicability
of appeal waiver is reviewed de novo). The record establishes that Henderson
knowingly and voluntarily entered into the plea agreement and the appeal waiver, that
the arguments on appeal fall within the scope of the waiver, and that no miscarriage
of justice would result from enforcing the waiver. See United States v. Andis, 333
F.3d 886, 889-92 (8th Cir. 2003) (en banc). In addition, having independently
reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), we find no
non-frivolous issues for appeal outside the scope of the waiver. Accordingly, we
grant counsel’s motion to withdraw. The appeal is dismissed.
______________________________
-2-