United States v. Derrick Brown ( 2018 )


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  •                      United States Court of Appeals
    For the Eighth Circuit
    ___________________________
    No. 17-2637
    ___________________________
    United States of America
    lllllllllllllllllllll Plaintiff - Appellee
    v.
    Derrick Jermain Brown
    lllllllllllllllllllll Defendant - Appellant
    ____________
    Appeal from United States District Court
    for the Northern District of Iowa - Dubuque
    ____________
    Submitted: August 29, 2018
    Filed: September 10, 2018
    [Unpublished]
    ____________
    Before BENTON, SHEPHERD, and STRAS, Circuit Judges.
    ____________
    PER CURIAM.
    Derrick Brown directly appeals the within-Guidelines-range sentence the
    district court1 imposed after he pled guilty to a drug offense, pursuant to a plea
    1
    The Honorable Leonard T. Strand, Chief Judge for the Northern District of
    Iowa.
    agreement containing an appeal waiver. His counsel has moved for leave to withdraw
    and filed a brief under Anders v. California, 
    386 U.S. 738
     (1967), acknowledging the
    appeal waiver and arguing that the district court imposed a substantively
    unreasonable sentence.
    We conclude that the appeal waiver is enforceable. See United States v. Scott,
    
    627 F.3d 702
    , 704 (8th Cir. 2010) (validity and applicability of appeal waiver is
    reviewed de novo). The record shows that Brown entered into the plea agreement and
    the appeal waiver knowingly and voluntarily, the arguments on appeal fall within the
    scope of the waiver, and no miscarriage of justice would result from enforcing the
    waiver. See United States v. Andis, 
    333 F.3d 886
    , 889-92 (8th Cir. 2003) (en banc).
    Further, 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 request to withdraw, and we dismiss this
    appeal.
    ______________________________
    -2-