United States Court of Appeals For the Eighth Circuit ___________________________ No. 23-3748 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Nicholas Antwain Dancy lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the District of Minnesota ____________ Submitted: May 23, 2024 Filed: May 29, 2024 [Unpublished] ____________ Before GRUENDER, ERICKSON, and STRAS, Circuit Judges. ____________ PER CURIAM.

Nicholas Dancy appeals the below-Guidelines-range sentence the district court1 imposed after he pled guilty to robbery and firearm charges pursuant to a written plea The Honorable John R. Tunheim, United States District Judge for the District of Minnesota. agreement containing 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 sentence.

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) (reviewing de novo validity and applicability of appeal waiver); United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc) (enforcing appeal waiver 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). Further, having independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), we find no non-frivolous issues for appeal outside the scope of the appeal waiver.

Accordingly, we dismiss this appeal based on the appeal waiver, and we grant counsel’s motion to withdraw. ______________________________

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