United States Court of Appeals For the Eighth Circuit ___________________________

No. 24-2396 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Lewis Cooney

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the Eastern District of Arkansas - Central ____________

Submitted: December 9, 2024 Filed: December 12, 2024 [Unpublished] ____________

Before GRUENDER, BENTON, and KOBES, Circuit Judges. ____________

PER CURIAM.

Lewis Cooney appeals the sentence imposed by the district court1 after he pleaded guilty to a firearm offense pursuant to a plea agreement containing an appeal

1 The Honorable Billy Roy Wilson, United States District Judge for the Eastern District of Arkansas. waiver. His counsel has moved for leave to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the substantive reasonableness of the sentence. The government has moved to dismiss the appeal based on the appeal waiver.

Upon careful review, we conclude that the appeal waiver is valid, enforceable, and applicable to the issue raised in this appeal. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (de novo review of validity and applicability of appeal waiver); 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).

We have 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 grant the government’s motion, dismiss the appeal based on the appeal waiver, and grant counsel leave to withdraw. ______________________________

-2-