United States v. Timothy Harris , 703 F. App'x 453 ( 2017 )

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 17-1403
___________________________
United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Timothy Harris, also known as T., also known as Rakeem
lllllllllllllllllllll Defendant - Appellant
____________
Appeal from United States District Court
for the Eastern District of Missouri - St. Louis
____________
Submitted: November 28, 2017
Filed: November 30, 2017
[Unpublished]
____________
Before WOLLMAN, LOKEN, and COLLOTON, Circuit Judges.
____________
PER CURIAM.
In this direct criminal appeal, Timothy Harris challenges the sentence the
district court1 imposed after he pleaded guilty, pursuant to a written plea agreement,
1
The Honorable Catherine D. Perry, United States District Judge for the Eastern
District of Missouri.
to drug and firearm charges. His counsel has moved to withdraw and has submitted
a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the sentence
was unreasonable and failed to give sufficient weight to mitigating factors.
We conclude that the appeal waiver is enforceable, because our review of the
record demonstrates that Harris entered into the plea agreement and the appeal waiver
knowingly and voluntarily, see Nguyen v. United States, 114 F.3d 699, 703 (8th Cir.
1997); the argument falls within the scope of the waiver; and no miscarriage of justice
would result from enforcing the waiver, see United States v. Scott, 627 F.3d 702, 704
(8th Cir. 2010) (de novo review); United States v. Andis, 333 F.3d 886, 890-92 (8th
Cir. 2003) (en banc). Furthermore, we have independently reviewed the record under
Penson v. Ohio, 488 U.S. 75 (1988), and have found no non-frivolous issues for
appeal outside the scope of the waiver.
Accordingly, we grant counsel’s motion, and we dismiss this appeal.
______________________________
-2-