UNITED STATES v. CORNELIUS (2018)

United States Court of Appeals, Eighth Circuit.

UNITED STATES of America Plaintiff - Appellee v. Dewayne A. CORNELIUS Defendant - Appellant

No. 18-1566

Decided: December 13, 2018

Before WOLLMAN, GRUENDER, and ERICKSON, Circuit Judges. Stefan C. Hughes, U.S. Attorney's Office, Kansas City, MO, for Plaintiff - Appellee Dewayne A. Cornelius, Pro Se

[Unpublished]

Dewayne Cornelius directly appeals the sentence the district court ¹ imposed after he pleaded guilty to a firearm offense pursuant to a plea agreement containing an appeal waiver. His counsel has moved to withdraw and has filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), arguing that the district court imposed a substantively unreasonable sentence.

We will enforce the appeal waiver in this case because our review of the record demonstrates that Cornelius entered into the plea agreement and the appeal waiver knowingly and voluntarily, his challenge to the sentence falls within the scope of the appeal 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, 889-92 (8th Cir. 2003) (en banc). Further, we have independently reviewed the record under Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), and have found no nonfrivolous issues for appeal outside the scope of the appeal waiver.

Accordingly, we grant counsel’s motion to withdraw and dismiss this appeal.

FOOTNOTES

1.   The Honorable Roseann A. Ketchmark, United States District Judge for the Western District of Missouri.

PER CURIAM.