United States v. Harvey Collins

U.S. Court of Appeals for the Eighth Circuit

United States v. Harvey Collins

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 25-1474 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Harvey O. Collins

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________

Submitted: August 26, 2025 Filed: August 29, 2025 [Unpublished] ____________

Before SMITH, SHEPHERD, and ERICKSON, Circuit Judges. ____________

PER CURIAM.

Harvey Collins appeals the sentence the district court1 imposed after he pled guilty to drug offenses pursuant to a written plea agreement containing an appeal

1 The Honorable Sarah E. Pitlyk, 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 reasonableness of the sentence.

Upon careful review, we conclude the appeal waiver is valid, enforceable, and applicable to the arguments 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 this appeal. ______________________________

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Reference

Status
Unpublished