United States v. Jimmy Ly, No. 12-2049 (8th Cir. 2012)
Annotate this CaseCourt Description: Criminal Case - Anders. Appeal waiver is enforced and appeal is dismissed. [ October 11, 2012
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 12-2049 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Jimmy Lee Ly, True Name Jim Lee Ly lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the District of Minnesota - St. Paul ____________ Submitted: October 5, 2012 Filed: October 12, 2012 [Unpublished] ____________ Before LOKEN, BOWMAN, and COLLOTON, Circuit Judges. ____________ PER CURIAM. Jimmy Lee Ly appeals from the sentence the District Court1 imposed after Ly pleaded guilty to a drug offense. His counsel has moved to withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the sentence is substantively unreasonable. We note that the written plea agreement contained an appeal waiver, and we conclude that the waiver is enforceable. See United States v. Jennings, 662 F.3d 988, 990 (8th Cir. 2011) (noting that an appeal waiver is generally enforceable if the appeal falls within the scope of the waiver, both the waiver and the plea agreement were entered into knowingly and voluntarily, and enforcement of the waiver would not result in a miscarriage of justice), cert. denied, 132 S. Ct. 2407 (2012). We have independently reviewed the record in accordance with Penson v. Ohio, 488 U.S. 75, 80 (1988), and we have found no non-frivolous issues. Accordingly, we dismiss the appeal, and we grant counsel s motion to withdraw. ______________________________ 1 The Honorable Ann D. Montgomery, United States District Judge for the District of Minnesota. -2-
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