United States v. Montarris Raiford, No. 17-2893 (8th Cir. 2018)
Annotate this CaseCourt Description: Per Curiam - Before Gruender, Benton and Stras, Circuit Judges] Criminal case - Criminal law. Anders case. Defendant signed a valid, applicable and enforceable appeal waiver as part of his guilty plea agreement, and the appeal is dismissed. [ April 20, 2018
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 17-2893 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Montarris Marquis Raiford lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Eastern District of Arkansas - Little Rock ____________ Submitted: April 18, 2018 Filed: April 23, 2018 [Unpublished] ____________ Before GRUENDER, BENTON, and STRAS, Circuit Judges. ____________ PER CURIAM. Montarris Marquis Raiford directly appeals after pleading guilty in the district court to a drug offense, pursuant to a plea agreement containing an appeal waiver. 1 1 The Honorable D.P. Marshall Jr., United States District Judge for the Eastern District of Arkansas. Raiford’s counsel has moved to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967). Having jurisdiction under 28 U.S.C. § 1291, this court dismisses the appeal based on the appeal waiver. Upon review, this court concludes that the appeal 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 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). An independent review of the record reveals no nonfrivolous issues for appeal outside the scope of the waiver. See Penson v. Ohio, 488 U.S. 75 (1988). The appeal is dismissed. Counsel’s motion to withdraw is granted. ______________________________ -2-
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