United States v. Travell Hill, No. 22-3259 (8th Cir. 2023)

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Court Description: [Per Curiam - Before Colloton, Kelly, and Grasz, Circuit Judges] Criminal case - Criminal law. Anders case. The appeal waiver in defendant's guilty plea is valid, enforceable, and applicable to the sentencing issue raised in the appeal; the appeal is dismissed.

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 22-3259 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Travell Anthony Hill, also known as Tavell Anthony Hill lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________ Submitted: March 28, 2023 Filed: April 10, 2023 [Unpublished] ____________ Before COLLOTON, KELLY, and GRASZ, Circuit Judges. ____________ PER CURIAM. Travell Hill appeals the sentence the district court1 imposed after he pleaded guilty to murder-for-hire-related offenses, pursuant to a plea agreement containing 1 The Honorable John A. Ross, United States District Judge for the Eastern District of Missouri. an appeal waiver. His counsel has moved to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), acknowledging the appeal waiver but discussing whether the sentence is substantively reasonable. Upon careful review, we conclude that the appeal waiver is valid, enforceable, and applicable to the issues 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). We have independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), and have found no non-frivolous issues for appeal falling outside the scope of the appeal waiver. Accordingly, we dismiss the appeal based on the appeal waiver and grant counsel’s motion to withdraw. ______________________________ -2-

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