United States Court of Appeals For the Eighth Circuit ___________________________ No. 23-2685 ___________________________ United States of America Plaintiff - Appellee v. Kentrez Robinson Defendant - Appellant ____________ Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________ Submitted: October 31, 2023 Filed: November 3, 2023 [Unpublished] ____________ Before BENTON, KELLY, and STRAS, Circuit Judges. ____________ PER CURIAM.

Kentrez Robinson appeals the below-Guidelines-range sentence the district court1 imposed after he pled guilty to firearm offenses pursuant to a written plea

The Honorable Rodney W. Sippel, United States District Judge for the Eastern District of Missouri. agreement containing an appeal waiver. Having jurisdiction under 28 U.S.C. § 1291, this court dismisses the appeal based on the appeal waiver.

Counsel has moved for leave to withdraw and filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the enforceability of the appeal waiver and the substantive reasonableness of the sentence. This court concludes that the appeal waiver is enforceable. Counsel’s argument falls within the scope of the appeal waiver, the record shows that Robinson entered into the plea agreement and the appeal waiver knowingly and voluntarily, and no miscarriage of justice would result from enforcing the waiver. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (de novo review); 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 waiver and plea agreement, and enforcing waiver would not result in miscarriage of justice; allegation that sentencing court abused discretion not subject to appeal in face of valid appeal waiver).

This court has reviewed the record independently under Penson v. Ohio, 488 U.S. 75 (1988), and found no non-frivolous issues for appeal outside the scope of the appeal waiver.

The appeal is dismissed. Counsel’s motion to withdraw is granted. ______________________________

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