United States v. Cedric Reynolds ( 2018 )

United States Court of Appeals
For the Eighth Circuit
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No. 17-3122
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Cedric D. Reynolds
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - Kansas City
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Submitted: May 24, 2018
Filed: May 30, 2018
[Unpublished]
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Before SHEPHERD, KELLY, and GRASZ, Circuit Judges.
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PER CURIAM.
Cedric Reynolds directly appeals after he pleaded guilty to drug and firearm
charges, pursuant to a plea agreement that contained an appeal waiver, and the district
court1 imposed a prison term below the calculated Guidelines range. His counsel has
moved for leave to withdraw, and has filed a brief under Anders v. California, 386
U.S. 738 (1967), acknowledging the appeal waiver, and arguing that the sentence is
substantively unreasonable.
We conclude that the appeal waiver is valid, applicable, and enforceable. See
United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (de novo review of validity
and applicability of appeal waiver); United States v. Andis, 333 F.3d 886, 890-92 (8th
Cir. 2003) (en banc) (discussing enforcement of appeal waivers). 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 appeal
waiver. Accordingly, we grant counsel’s motion, and we dismiss this appeal.
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1
The Honorable Gary A. Fenner, United States District Judge for the Western
District of Missouri.
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