United States v. Jakeith Browning, II

Opinion

United States Court of Appeals For the Eighth Circuit

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No. 25-1499

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United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Jakeith D. Browning II, also known as JB

lllllllllllllllllllllDefendant - Appellant

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Appeal from United States District Court for the Eastern District of Missouri - Cape Girardeau

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Submitted: December 29, 2025 Filed: January 2, 2026

[Unpublished]

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Before BENTON, SHEPHERD, and KELLY, Circuit Judges.

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PER CURIAM.

Jakeith Browning II appeals the sentence imposed by the district court1 after he pleaded guilty to a drug conspiracy offense pursuant to a written plea agreement

1 The Honorable Stephen N. Limbaugh, Jr., United States District Judge for the Eastern District of Missouri.

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 substantive reasonableness of the sentence.

Upon careful review, we conclude the appeal waiver is valid, enforceable, and applicable to the issues 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) (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 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 grant counsel leave to withdraw and dismiss the appeal.

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