United States v. Raquel Graham, No. 17-3672 (8th Cir. 2018)

Annotate this Case
Court Description: Per Curiam - Before Loken, Colloton, and Benton, Circuit Judges] Criminal case - Criminal law. Anders case. Defendant's appeal waiver is valid, enforceable and applicable to her appeal from her sentence, and the appeal is dismissed.
Download PDF
United States Court of Appeals For the Eighth Circuit ___________________________ No. 17-3672 ___________________________ United States of America, lllllllllllllllllllllPlaintiff - Appellee, v. Raquel Graham, lllllllllllllllllllllDefendant - Appellant. ____________ Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________ Submitted: August 6, 2018 Filed: August 7, 2018 [Unpublished] ____________ Before LOKEN, COLLOTON, and BENTON, Circuit Judges. ____________ PER CURIAM. Raquel Graham directly appeals the sentence imposed by the district court1 after she pleaded guilty to a drug offense, pursuant to a plea agreement containing an 1 The Honorable Catherine D. Perry, United States District Judge for the Eastern District of Missouri. appeal waiver. Her counsel has filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the district court imposed a substantively unreasonable sentence. We will enforce the appeal waiver in this case because our review of the record demonstrates that Graham entered into the plea agreement and the appeal waiver knowingly and voluntarily, her challenge to the sentence falls within the scope of the appeal 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 nonfrivolous issues for appeal outside the scope of the appeal waiver. Accordingly, we dismiss this appeal. ______________________________ -2-