United States v. Jeffery Honeyball
United States v. Jeffery Honeyball
Opinion
United States Court of Appeals For the Eighth Circuit ___________________________ No. 23-2154 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Jeffery S. Honeyball lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Kansas City ____________ Submitted: October 12, 2023 Filed: October 18, 2023 [Unpublished] ____________ Before ERICKSON, GRASZ, and KOBES, Circuit Judges. ____________ PER CURIAM.
Jeffery Honeyball appeals the above-Guidelines-range sentence the district court imposed after he pled guilty to a firearm charge pursuant to a written plea The Honorable David Gregory Kays, United States District Judge for the Western District of Missouri. agreement containing an appeal waiver. His counsel has moved 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 issues raised in this appeal. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (reviewing de novo validity and applicability of appeal waiver); 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 waiver and plea agreement, and enforcing waiver 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 non-frivolous issues for appeal outside the scope of the appeal waiver.
Accordingly, we dismiss this appeal based on the appeal waiver, and we grant counsel’s motion to withdraw. ______________________________
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