United States v. Joseph Henderson, No. 17-2390 (8th Cir. 2018)
Annotate this CaseCourt Description: Per Curiam - Before Loken, Kelly and Erickson, Circuit Judges] Criminal case - Criminal law. Anders case. Defendant knowingly and voluntarily entered into an appeal waiver as part of his plea agreement, and the issues he seeks to raise are within its scope; appeal dismissed. [ February 13, 2018
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 17-2390 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Joseph A. Henderson lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Kansas City ____________ Submitted: February 9, 2018 Filed: February 14, 2018 [Unpublished] ____________ Before LOKEN, KELLY, and ERICKSON, Circuit Judges. ____________ PER CURIAM. Joseph Henderson directly appeals the sentence the district court1 imposed after he pled guilty to a firearm offense, pursuant to a plea agreement containing an appeal 1 The Honorable Greg Kays, Chief Judge, United States District Court for the Western District of Missouri. waiver. Counsel has moved for leave to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the substantive reasonableness of Henderson’s sentence. After careful review, we conclude that the appeal waiver is enforceable. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (validity and applicability of appeal waiver is reviewed de novo). The record establishes that Henderson knowingly and voluntarily entered into the plea agreement and the appeal waiver, that the arguments on appeal fall within the scope of the waiver, and that no miscarriage of justice would result from enforcing the waiver. See United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc). In addition, having independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), we find no non-frivolous issues for appeal outside the scope of the waiver. Accordingly, we grant counsel’s motion to withdraw. The appeal is dismissed. ______________________________ -2-
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