United States v. Dewayne Cornelius, No. 18-1566 (8th Cir. 2018)

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Court Description: Per Curiam - Before Wollman, Gruender and Erickson, Circuit Judges] Criminal case - Sentencing. Anders case. Defendant signed a valid, knowing and applicable appeal waiver and the appeal is dismissed. [ December 12, 2018
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 18-1566 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Dewayne A. Cornelius lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Kansas City ____________ Submitted: December 10, 2018 Filed: December 13, 2018 [Unpublished] ____________ Before WOLLMAN, GRUENDER, and ERICKSON, Circuit Judges. ____________ PER CURIAM. Dewayne Cornelius directly appeals the sentence the district court1 imposed after he pleaded guilty to a firearm offense pursuant to a plea agreement containing 1 The Honorable Roseann A. Ketchmark, United States District Judge for the Western District of Missouri. an appeal waiver. His counsel has moved to withdraw and 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 Cornelius entered into the plea agreement and the appeal waiver knowingly and voluntarily, his 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. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (de novo review); 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 grant counsel’s motion to withdraw and dismiss this appeal. ______________________________ -2-