United States v. Connie Harvey

United States Court of Appeals

For the Eighth Circuit ___________________________ No. 25-1288 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Connie L. Harvey lllllllllllllllllllllDefendant - Appellant

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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for the Western District of Missouri - Kansas City ____________ Submitted: October 17, 2025 Filed: October 24, 2025 [Unpublished] ____________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 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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