United States v. Donald Mauzy, No. 20-1873 (8th Cir. 2021)
Annotate this CaseCourt Description: [Per Curiam - Before Colloton, Shepherd, and Stras, Circuit Judges] Criminal case - Criminal law. Anders case. Defendant's guilty plea contained a valid, enforceable and applicable appeal waiver, and this appeal of defendant's sentence is dismissed.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 20-1873 ___________________________ United States of America, lllllllllllllllllllllPlaintiff - Appellee, v. Donald Mauzy, also known as Lucky, lllllllllllllllllllllDefendant - Appellant. ____________ Appeal from United States District Court for the Western District of Missouri - Kansas City ____________ Submitted: October 28, 2021 Filed: November 4, 2021 [Unpublished] ____________ Before COLLOTON, SHEPHERD, and STRAS, Circuit Judges. ____________ PER CURIAM. Donald Mauzy appeals the sentence imposed by the district court1 after he pleaded guilty to drug trafficking and firearms offenses, pursuant to a plea agreement 1 The Honorable Roseann A. Ketchmark, United States District Judge for the Western District of Missouri. containing an appeal waiver. His counsel has moved for leave to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the sentence as substantively unreasonable. We will enforce the appeal waiver in this case because we conclude that the waiver is valid, enforceable, and applicable to this appeal. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010); 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 non-frivolous issues for appeal outside the scope of the appeal waiver. Accordingly, we grant counsel leave to withdraw, and dismiss this appeal. ______________________________ -2-
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