United States v. Fahrudin Fejzic

United States Court of Appeals

For the Eighth Circuit ___________________________ No. 23-1344 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Fahrudin F. Fejzic, also known as Frank lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the Western District of Missouri - Kansas City ____________ Submitted: July 5, 2023 Filed: July 10, 2023 [Unpublished] ____________

Before GRUENDER, SHEPHERD, and STRAS, Circuit Judges.

____________ PER CURIAM.

Fahrudin Fejzic appeals the sentence imposed by the district court1 after he pleaded guilty to drug and firearm offenses, pursuant to a plea agreement 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.

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, grant counsel’s motion to withdraw, and deny Fejzic’s motion for appointment of new counsel.

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