United States v. Kenneth McGee, No. 17-1658 (8th Cir. 2017)

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Court Description: Per Curiam - Before Gruender, Benton and Kelly, Circuit Judges] Criminal case - Sentencing. Anders case. Defendant entered into a valid, applicable and enforceable appeal waiver, and the appeal is dismissed. [ October 04, 2017
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 17-1658 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Kenneth R. McGee lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Kansas City ____________ Submitted: October 2, 2017 Filed: October 5, 2017 [Unpublished] ____________ Before GRUENDER, BENTON, and KELLY, Circuit Judges. ____________ PER CURIAM. Kenneth McGee directly appeals his sentence after pleading guilty to a firearm offense pursuant to a plea agreement that contained an appeal waiver. His counsel has moved for leave to withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the district court1 erred in applying an enhancement under the Guidelines. Upon careful review, we conclude that the 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, 889-92 (8th Cir. 2003) (en banc) (appeal waiver will be enforced if the appeal falls within the scope of a waiver, if defendant knowingly and voluntarily entered into the plea agreement and waiver, and if enforcing the waiver would not result in a miscarriage of justice). Having independently reviewed the record pursuant to Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues other than the scope of the appeal waiver. Accordingly, we dismiss this appeal and grant counsel leave to withdraw. ______________________________ 1 The Honorable Beth Phillips, United States District Judge for the Western District of Missouri. -2-