United States Court of Appeals For the Eighth Circuit ___________________________

No. 24-3455 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Louis Charles Smith

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the Eastern District of Missouri ____________

Submitted: May 22, 2025 Filed: May 28, 2025 [Unpublished] ____________

Before SMITH, GRASZ, and STRAS, Circuit Judges. ____________

PER CURIAM.

Louis Smith appeals the sentence imposed by the district court1 after he pled guilty to a drug charge pursuant to a written plea agreement containing an appeal

1 The Honorable Henry E. Autrey, United States District Judge for the Eastern District of Missouri. 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.

Upon careful review, 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 the validity and applicability of an appeal waiver de novo); United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc) (enforcing an appeal waiver if the appeal falls within the scope of the waiver, defendant knowingly and voluntarily entered into the plea agreement and the waiver, and it would not result in miscarriage of justice). We have also 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 counsel’s motion to withdraw and dismiss the appeal. ______________________________

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