United States v. Roy Noles, No. 16-3338 (8th Cir. 2017)
Annotate this CaseCourt Description: Per Curiam - Before Riley, Arnold and Colloton, Circuit Judges] Criminal case - Criminal law. Anders case. Defendant's plea agreement contained a valid and enforceable appeal waiver which covered defendant's sentencing issue, and the appeal is dismissed.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-3338 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Roy Noles lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Kansas City ____________ Submitted: March 16, 2017 Filed: March 23, 2017 [Unpublished] ____________ Before RILEY, ARNOLD, and COLLOTON, Circuit Judges. ____________ PER CURIAM. Roy Noles directly appeals the sentence the district court1 imposed after he pled guilty to a firearm offense, pursuant to a plea agreement that contained an appeal 1 The Honorable Roseann A. Ketchmark, United States District Judge for the Western District of Missouri. waiver. His counsel has moved for leave to withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967), questioning the reasonableness of Noles’s sentence. Upon careful review, we conclude that the appeal waiver is enforceable and applicable to the issue raised in this appeal. 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, 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). In addition, we have independently reviewed the record, pursuant to Penson v. Ohio, 488 U.S. 75 (1988), and have found no non-frivolous issues for appeal outside the scope of the waiver. We dismiss this appeal, and we grant counsel’s motion for leave to withdraw. ______________________________ -2-
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