United States of America Plaintiff - Appellee v. Kenneth R. McGee Defendant - Appellant (2017)

Kenneth McGee directly appeals his sentence after pleading guilty to a firearm offense pursuant to a plea agreement that contained an appeal waiver. His counsel has moved for leave to withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the district court ¹ erred in applying an enhancement under the Guidelines.

Upon careful review, we conclude that the 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, 889-92 (8th Cir. 2003) (en banc) (appeal waiver will be enforced if the appeal falls within the scope of a waiver, if defendant knowingly and voluntarily entered into the plea agreement and waiver, and if enforcing the waiver would not result in a miscarriage of justice). Having independently reviewed the record pursuant to Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues other than the scope of the appeal waiver. Accordingly, we dismiss this appeal and grant counsel leave to withdraw.

FOOTNOTES

1.   The Honorable Beth Phillips, United States District Judge for the Western District of Missouri.

PER CURIAM.