DocketNumber： 23-1431
Filed Date： 7/27/2023
Status： Non-Precedential
Modified Date： 7/27/2023
United States Court of Appeals For the Eighth Circuit ___________________________ No. 23-1431 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. James Leonard Miller lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________ Submitted: July 24, 2023 Filed: July 27, 2023 [Unpublished] ____________ Before LOKEN, ERICKSON, and STRAS, Circuit Judges. ____________ PER CURIAM. James Miller appeals the within-Guidelines-range sentence the district court1 imposed after he pleaded guilty to drug and firearm charges pursuant to a written plea 1 The Honorable Audrey G. Fleissig, United States District Court for the Eastern District of Missouri. agreement containing 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 reasonableness of the sentence. Upon careful review, 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) (reviewing de novo validity and applicability of 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 waiver and plea agreement, and enforcing waiver would not result in miscarriage of justice). Further, 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 appeal waiver. Accordingly, we dismiss this appeal based on the appeal waiver, and we grant counsel’s motion to withdraw. ______________________________ -2-