U.S. Court of Appeals for the Eighth Circuit, 2025

United States v. Louis Smith

United States v. Louis Smith
U.S. Court of Appeals for the Eighth Circuit · Decided May 28, 2025

United States v. Louis Smith

Opinion

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States District Court for the Eastern District of Missouri ____________ Submitted: May 22, 2025 Filed: May 28, 2025 [Unpublished] ____________ Before SMITH, GRASZ, and STRAS, Circuit Judges.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 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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