United States Court of Appeals For the Eighth Circuit ___________________________

No. 21-3656 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Mohamed Salah Hussein, also known as Cheese

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the District of Minnesota ____________

Submitted: April 5, 2022 Filed: April 11, 2022 [Unpublished] ____________

Before GRUENDER, ERICKSON, and GRASZ, Circuit Judges. ____________

PER CURIAM.

Mohamed Hussein appeals the sentence imposed by the district court1 after he pleaded guilty to a drug offense, pursuant to a plea agreement containing an appeal

1 The Honorable Ann D. Montgomery, United States District Judge for the District of Minnesota. 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.

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. ______________________________

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