United States v. Brooke Beckley, No. 18-1565 (8th Cir. 2019)
Annotate this CaseCourt Description: Per Curiam - Before Kelly, Bowman and Grasz, Circuit Judges] Criminal case - Criminal law. Anders case. Defendant's appeal waiver was valid, applicable and enforceable, and the appeal is dismissed.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 18-1565 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Brooke Danielle Beckley lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Springfield ____________ Submitted: June 21, 2019 Filed: July 3, 2019 [Unpublished] ____________ Before KELLY, BOWMAN, and GRASZ, Circuit Judges. ____________ PER CURIAM. Brooke Beckley directly appeals after she pleaded guilty in the district court1 to drug and firearm offenses, pursuant to a plea agreement containing an appeal 1 The Honorable Roseann A. Ketchmark, United States District Judge for the Western District of Missouri. waiver. Her counsel has moved for leave to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), suggesting that the district court imposed a substantively unreasonable sentence. We conclude 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 waivers); United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc) (appeal waiver should 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). Furthermore, we have independently reviewed the record pursuant to 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 motion, and we dismiss this appeal. ______________________________ -2-
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