United States Court of Appeals For the Eighth Circuit ___________________________

No. 19-2977 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Marcus L. Wilkins

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the Western District of Missouri - Kansas City ____________

Submitted: August 26, 2020 Filed: August 28, 2020 [Unpublished] ____________

Before COLLOTON, WOLLMAN, and BENTON, Circuit Judges. ____________

PER CURIAM.

Marcus L. Wilkins appeals the sentence the district court1 imposed after he pled guilty to drug and firearm offenses, pursuant to a plea agreement containing an appeal

1 The Honorable Gary A. Fenner, United States District Judge for the Western District of Missouri. 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. Having jurisdiction under 28 U.S.C. § 1291, this court dismisses the appeal based on the appeal waiver.

This court concludes 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). This court has also independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), and has found no non-frivolous issues for appeal falling outside the scope of the waiver.

The appeal is dismissed, and counsel’s motion to withdraw is granted. ______________________________

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