United States Court of Appeals For the Eighth Circuit ___________________________ No. 24-3034 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Robert Jason Smith lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Springfield ____________ Submitted: February 4, 2025 Filed: February 7, 2025 [Unpublished] ____________ Before LOKEN, KELLY, and ERICKSON, Circuit Judges. ____________ PER CURIAM.

Robert Smith appeals the sentence the district court1 imposed after he pled guilty to a drug conspiracy offense pursuant to a written plea agreement containing The Honorable M. Douglas Harpool, United States District Judge for the Western 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 reasonableness of the sentence.

Upon careful review, we conclude 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 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 plea agreement and waiver, 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 grant counsel’s motion to withdraw and dismiss the appeal based on the appeal waiver. ______________________________

-2-