United States v. Eibony Bowers, No. 19-2244 (8th Cir. 2020)
Annotate this CaseCourt Description: [Per Curiam - Before Gruender, Beam and Shepherd, Circuit Judges] Criminal case - Criminal law. Anders case. Defendant's appeal waiver is valid, enforceable and applicable, and this appeal of his sentence is dismissed.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 19-2244 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Eibony Bowers lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Kansas City ____________ Submitted: March 10, 2020 Filed: March 13, 2020 [Unpublished] ____________ Before GRUENDER, BEAM, and SHEPHERD, Circuit Judges. ____________ PER CURIAM. Eibony Bowers appeals the sentence the district court imposed1 after she pleaded guilty to fraud offenses, pursuant to a plea agreement containing an appeal 1 The Honorable Greg Kays, United States District Judge for the Western District of Missouri. waiver. Her counsel seeks leave 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. Bowers has filed a pro se brief also challenging the reasonableness of her sentence. We conclude that the appeal waiver is valid, enforceable, and applicable to the issues raised in this appeal. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (stating that this court reviews de novo the validity and applicability of an appeal waiver); United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc) (stating that an appeal waiver will be enforced if the appeal falls within the scope of the waiver, the defendant knowingly and voluntarily entered into the plea agreement and the waiver, and enforcing the waiver would not result in a miscarriage of justice). Having independently reviewed the record pursuant to Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues for appeal outside the scope of the appeal waiver. Accordingly, we dismiss this appeal, and grant counsel leave to withdraw. ______________________________ -2-
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