United States v. Tywon Harris

United States Court of Appeals

For the Eighth Circuit ___________________________ No. 24-2596 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Tywon Harris lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________ Submitted: November 19, 2024 Filed: November 22, 2024 [Unpublished] ____________

Before SMITH, ERICKSON, and KOBES, Circuit Judges.

____________ PER CURIAM.

Tywon Harris appeals the within-Guidelines sentence the district court1 imposed after he pled guilty to aiding and abetting the discharge of a firearm during a crime of violence, causing the murder of a person. His counsel has moved for leave to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), questioning whether the appeal waiver in the plea agreement was entered knowingly and voluntarily. Upon careful review, we conclude that the plea agreement was entered knowingly and voluntarily. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (de novo review); United States v. Andis, 333 F.3d 886, 890-91 (8th Cir. 2003) (en banc) (district court can ensure plea agreement is knowing and voluntary by questioning defendant about decision to enter into agreement).

Having independently reviewed the record pursuant to Penson v. Ohio, 488 U.S. 75 (1988), we find no non-frivolous issues for appeal. Accordingly, we affirm and grant counsel’s motion to withdraw.

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