United States v. Jakeith Browning, II

United States Court of Appeals For the Eighth Circuit ___________________________ No. 25-1499 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Jakeith D. Browning II, also known as JB lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Eastern District of Missouri - Cape Girardeau ____________ Submitted: December 29, 2025 Filed: January 2, 2026 [Unpublished] ____________ Before BENTON, SHEPHERD, and KELLY, Circuit Judges. ____________ PER CURIAM.

Jakeith Browning II appeals the sentence imposed by the district court1 after he pleaded guilty to a drug conspiracy offense pursuant to a written plea agreement The Honorable Stephen N. Limbaugh, Jr., United States District Judge for the Eastern District of Missouri. containing an appeal 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 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 leave to withdraw and dismiss the appeal. ______________________________

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