United States v. Brooke Beckley
United States v. Brooke Beckley
Opinion
United States Court of Appeals For the Eighth Circuit ___________________________
No. 18-1565 ___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Brooke Danielle Beckley
lllllllllllllllllllllDefendant - Appellant ____________
Appeal from United States District Court for the Western District of Missouri - Springfield ____________
Submitted: June 21, 2019 Filed: July 3, 2019 [Unpublished] ____________
Before KELLY, BOWMAN, and GRASZ, Circuit Judges. ____________
PER CURIAM.
Brooke Beckley directly appeals after she pleaded guilty in the district court1 to drug and firearm offenses, pursuant to a plea agreement containing an appeal
1 The Honorable Roseann A. Ketchmark, United States District Judge for the Western District of Missouri. waiver. Her counsel has moved for leave to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), suggesting that the district court imposed a substantively unreasonable sentence.
We conclude that the appeal waiver is valid, applicable, and enforceable. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (de novo review of validity and applicability of appeal waivers); United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc) (appeal waiver should be enforced if appeal falls within scope of waiver, defendant knowingly and voluntarily entered into plea agreement and waiver, and enforcing waiver would not result in miscarriage of justice). Furthermore, we have independently reviewed the record pursuant to 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’s motion, and we dismiss this appeal. ______________________________
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Reference
- Status
- Unpublished