United States v. Rashad Yasin Davis, No. 19-2422 (8th Cir. 2019)
Annotate this CaseCourt Description: Per Curiam - Before Stras, Wollman and Kobes, Circuit Judges] Criminal case - Criminal law. Anders case. Defendant's appeal waiver was valid enforceable and applicable, and this appeal of defendant's sentence is dismissed.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 19-2422 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Rashad Yasin Davis lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the District of Minnesota ____________ Submitted: December 10, 2019 Filed: December 13, 2019 [Unpublished] _____________ Before STRAS, WOLLMAN, and KOBES, Circuit Judges. ____________ PER CURIAM. Rashad Davis appeals from the below-Guidelines prison term imposed by the district court1 following his plea of guilty to criminal damage to property under a plea 1 The Honorable Nancy E. Brasel, United States District Judge for the District of Minnesota. agreement 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 reasonableness of the sentence. Having conducted a de novo review, we conclude that the appeal waiver is valid, enforceable, and applicable in the circumstances of 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 waiver and plea agreement, and enforcement would not result in miscarriage of justice). We have also independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), and have found no non-frivolous issues. Accordingly, we dismiss the appeal, and we grant counsel’s motion to withdraw. ______________________________ -2-
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