United States v. Connie Harvey
United States v. Connie Harvey
Opinion
United States Court of Appeals For the Eighth Circuit ___________________________
No. 25-1288 ___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Connie L. Harvey
lllllllllllllllllllllDefendant - Appellant ____________
Appeal from United States District Court for the Western District of Missouri - Kansas City ____________
Submitted: October 17, 2025 Filed: October 24, 2025 [Unpublished] ____________
Before SHEPHERD, KELLY, and GRASZ, Circuit Judges. ____________
PER CURIAM.
Connie Harvey appeals the sentence the district court1 imposed after she pleaded guilty to a drug offense pursuant to a written plea agreement containing an
1 The Honorable David Gregory Kays, United States District Judge for the Western District of Missouri. appeal waiver. Her counsel has moved to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the procedural and substantive 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) (appeal waiver will be enforced 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).
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. ______________________________
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Reference
- Status
- Unpublished