United States v. Michael Keavney, No. 19-2358 (8th Cir. 2020)
Annotate this CaseCourt Description: [Per Curiam - Before Gruender, Wollman and Stras, Circuit Judges] Criminal case - Criminal law. Anders case. Defendant's appeal waiver is valid, enforceable and applicable to the issues raised in the appeal, and the appeal is dismissed.
This opinion or order relates to an opinion or order originally issued on February 21, 2020.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 19-2358 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Michael Keavney, agent of Dyna-Mike lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Kansas City ____________ Submitted: February 27, 2020 Filed: March 3, 2020 [Unpublished] ____________ Before GRUENDER, WOLLMAN, and STRAS, Circuit Judges. ____________ PER CURIAM. Michael Keavney appeals the sentence the district court1 imposed after he pleaded guilty to a drug offense pursuant to a plea agreement that contained an appeal 1 The Honorable Roseann A. Ketchmark, United States District Judge for the Western District of Missouri. waiver. His counsel seeks leave to withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967), questioning whether the district court imposed a substantively reasonable 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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