United States Court of Appeals For the Eighth Circuit ___________________________ No. 23-1215 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Darian Halliday lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________ Submitted: July 14, 2023 Filed: July 19, 2023 [Unpublished] ____________ Before LOKEN, ERICKSON, and STRAS, Circuit Judges. ____________ PER CURIAM.

Darian Halliday appeals the district court’s1 denial of his motion to suppress evidence after he pleaded guilty to counterfeiting securities, pursuant to a plea The Honorable John A. Ross, United States District Judge for the Eastern District of Missouri, adopting the report and recommendations of the Honorable Noelle Collins, United States Magistrate Judge for the Eastern District of Missouri. agreement that includes an appeal waiver. His counsel has moved to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967).

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) (de novo review of validity and applicability of appeal waiver); United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc) (appeal waiver will 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; appeal waivers should not be easily voided by courts).

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 outside the scope of the appeal waiver. Accordingly, we grant counsel’s motion to withdraw, and we dismiss the appeal. ______________________________

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