United States Court of Appeals For the Eighth Circuit ___________________________ No. 24-1932 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Antwon Fulton lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________ Submitted: August 15, 2024 Filed: August 20, 2024 [Unpublished] ____________ Before SMITH, BENTON, and GRASZ, Circuit Judges. ____________ PER CURIAM.

Antwon Fulton appeals the sentence imposed by the district court1 after he pled guilty to drug and firearm offenses, pursuant to a written plea agreement containing The Honorable Stephen R. Clark, Chief Judge, United States District Court for the Eastern District of Missouri. 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 denial of Fulton’s request for a downward variance and the substantive reasonableness of 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) (the 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 independently reviewed the record under Person 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 dismiss this appeal. ______________________________

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