United States v. Megan Bailey, No. 19-2358 (8th Cir. 2020)
Annotate this CaseCourt Description: [Per Curiam - Before Benton, Shepherd and Kelly, Circuit Judges] Criminal case - Criminal law. Anders case. Defendant's appeal waiver is valid, enforceable and applicable to the issue raised in the appeal; appeal dismissed. [ February 20, 2020 ]
The court issued a subsequent related opinion or order on March 3, 2020.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 19-2670 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Megan Bailey lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Kansas City ____________ Submitted: February 14, 2020 Filed: February 21, 2020 [Unpublished] ____________ Before BENTON, SHEPHERD, and KELLY, Circuit Judges. ____________ PER CURIAM. Megan Bailey appeals the sentence imposed by the district court1 after she pleaded guilty to drug and firearm offenses, under a plea agreement containing an 1 The Honorable Roseann A. Ketchmark, United States District Judge for the Western District of Missouri. appeal waiver. Her counsel has moved for leave to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the sentence. Upon careful review, we conclude that the appeal waiver is valid, enforceable, and applicable to the issue raised in this appeal. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (validity and applicability of an appeal waiver is reviewed de novo); United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc) (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). We have also independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), and have found no non-frivolous issues for appeal falling outside the scope of the waiver. Accordingly, we dismiss this appeal based on the appeal waiver, and we grant counsel’s motion to withdraw. ______________________________ -2-
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