United States v. Wiser Key

U.S. Court of Appeals for the Eighth Circuit

United States v. Wiser Key

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 24-2968 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Wiser Key

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the Western District of Missouri - Kansas City ____________

Submitted: April 4, 2025 Filed: April 28, 2025 [Unpublished] ____________

Before GRUENDER, SHEPHERD, and STRAS, Circuit Judges. ____________

PER CURIAM.

Wiser Key appeals the sentence the district court1 imposed after he pleaded guilty to drug and firearm offenses pursuant to a written plea agreement containing

1 The Honorable Roseann A. Ketchmark, 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 substantive reasonableness of the sentence and questioning whether the appeal waiver is enforceable.

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) (stating 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).

Having independently reviewed the record pursuant to 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 leave to withdraw and dismiss this appeal. ______________________________

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Reference

Status
Unpublished