United States v. Derrick Brown, No. 17-2637 (8th Cir. 2018)

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Court Description: Per Curiam - Before Benton, Shepherd and Stras, Circuit Judges] Criminal case - Criminal law. Anders case. Defendant knowingly and voluntarily entered into a plea agreement containing a valid and applicable appeal waiver, and the appeal is dismissed.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 17-2637 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Derrick Jermain Brown lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Northern District of Iowa - Dubuque ____________ Submitted: August 29, 2018 Filed: September 10, 2018 [Unpublished] ____________ Before BENTON, SHEPHERD, and STRAS, Circuit Judges. ____________ PER CURIAM. Derrick Brown directly appeals the within-Guidelines-range sentence the district court1 imposed after he pled guilty to a drug offense, pursuant to a plea 1 Iowa. The Honorable Leonard T. Strand, Chief Judge for the Northern District of agreement containing an appeal waiver. His counsel has moved for leave to withdraw and filed a brief under Anders v. California, 386 U.S. 738 (1967), acknowledging the appeal waiver and arguing that the district court imposed a substantively unreasonable sentence. 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 shows that Brown entered into the plea agreement and the appeal waiver knowingly and voluntarily, the arguments on appeal fall within the scope of the waiver, and 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). Further, we have independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), and have found no non-frivolous issues for appeal outside the scope of the appeal waiver. Accordingly, we grant counsel’s request to withdraw, and we dismiss this appeal. ______________________________ -2-