United States v. Delmonte Wilson
United States v. Delmonte Wilson
Opinion
United States Court of Appeals For the Eighth Circuit ___________________________ No. 23-1337 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Delmonte M. Wilson lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Kansas City ____________ Submitted: August 2, 2023 Filed: August 15, 2023 [Unpublished] ____________ Before GRUENDER, BENTON, and GRASZ, Circuit Judges. ____________ PER CURIAM.
Delmonte Wilson appeals the sentence the district court1 imposed after he pled guilty to a firearm offense. The plea came pursuant to a plea agreement in which The Honorable Greg Kays, United States District Judge for the Western District of Missouri.
Wilson waived his right to an appeal. His counsel has moved for leave to withdraw and 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 issues raised in this appeal. 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). 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 appeal waiver. Accordingly, we dismiss the appeal based on the appeal waiver and grant counsel’s motion to withdraw. ______________________________
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Case-law data current through December 31, 2025. Source: CourtListener bulk data.