United States Court of Appeals For the Eighth Circuit ___________________________ No. 23-3626 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Ali Alva-Joya lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Kansas City ____________ Submitted: May 16, 2024 Filed: May 23, 2024 [Unpublished] ____________ Before GRUENDER, ERICKSON, and STRAS, Circuit Judges. ____________ PER CURIAM.

Ali Alva-Joya appeals after he pleaded guilty to a drug-conspiracy charge pursuant to a written plea agreement containing an appeal waiver and the district court1 imposed a below-Guidelines-range sentence. His counsel has moved to withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967).

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 the validity and applicability of an appeal waiver); United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc) (explaining that an 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 Penson 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. ______________________________

The Honorable Roseann A. Ketchmark, United States District Judge for the Western District of Missouri.

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