United States v. Kirk Newby

324 F. App'x 542

• Court: Court of Appeals for the Eighth Circuit
• Decided: May 13, 2009
• Docket: 08-1244
• Status: Unpublished

Opinion

PER CURIAM.

Kirk Newby appeals the 180-month sentence the district court 1 imposed after he pleaded guilty to drug and firearm charges. On appeal, his counsel has filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), in which she requests leave to withdraw.

Upon careful review, we conclude that this appeal falls within the scope of a valid appeal waiver that was contained in New-by’s written plea agreement, that he knowingly and voluntarily entered into the plea agreement and the appeal waiver, and that enforcing the appeal waiver would not result in a miscarriage of justice. See United States v. Andis, 333 F.3d 886, 889-92 (8th Cir.2003) (en banc) (discussing enforceability of appeal waiver); see also United States v. Estrada-Bahena, 201 F.3d 1070, 1071 (8th Cir.2000) (per curiam) (enforcing appeal waiver in Anders case).

Having reviewed the record independently under Penson v. Ohio, 488 U.S. 75, 80, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no nonfrivolous issue for appeal beyond the scope of the appeal waiver. Accordingly, we dismiss the appeal. We also grant defense counsel’s motion to withdraw on condition that counsel inform appellant about the procedures for filing petitions for rehearing and for certiorari.

1 . The Honorable Rodney W. Sippel, United States District Judge for the Eastern District of Missouri.