U.S. Court of Appeals for the Eighth Circuit, 2022

United States v. Corey Staten

United States v. Corey Staten
U.S. Court of Appeals for the Eighth Circuit · Decided June 23, 2022

United States v. Corey Staten

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________ No. 21-3285 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Corey Staten lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________ Submitted: June 10, 2022 Filed: June 23, 2022 [Unpublished] ____________ Before ERICKSON, GRASZ, and KOBES, Circuit Judges. ____________ PER CURIAM.

Corey Staten appeals the sentence the district court1 imposed after he pled guilty to being a felon in possession of a firearm, pursuant to a plea agreement The Honorable Stephen R. Clark, United States District Judge for the Eastern District of Missouri. containing an appeal waiver. His counsel has moved to withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967), questioning the substantive reasonableness of the sentence and the enforceability of the appeal waiver.

We conclude the appeal waiver is valid, enforceable, and applicable to Staten’s challenge to his sentence. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (reviewing validity and applicability of appeal waiver de novo); United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc) (enforcing appeal waiver if appeal falls within scope of waiver, defendant knowingly and voluntarily entered into plea agreement and waiver, and it would not result in miscarriage of justice).

Further, having independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues for appeal outside the scope of the appeal waiver. Accordingly, we grant counsel leave to withdraw and dismiss this appeal. ______________________________

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