United States v. Mosby

709 F. App'x 400

• Court: Court of Appeals for the Eighth Circuit
• Decided: January 2, 2018
• Docket: No. 17-1362
• Status: Published

Opinion

• PER CURIAM.

Deauntee Mosby directly appeals after pleading guilty in the district court¹ to participating in a drug conspiracy, pursuant to a plea agreement containing an appeal waiver. His counsel has moved for leave to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

We conclude that the appeal waiver is valid, applicable, and enforceable. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (de novo review of validity and applicability of appeal waiver); United States v. Andis, 333 F.3d 886, 890-92 (8th Cir. 2003) (en banc) (discussing enforcement of appeal waivers). Furthermore, we have independently reviewed the record under Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), and have found no non-frivolous issues for appeal outside the scope of the appeal waiver. Accordingly, we grant counsel’s motion, and we dismiss this appeal.

1 . The Honorable Ro.seann A. Ketchmark, United States District Judge for the Western District of Missouri.