History
  • No items yet
midpage
United States v. Roy Noles
681 F. App'x 565
| 8th Cir. | 2017
|
Check Treatment
|
Docket

*1 Before RILEY, ARNOLD, and COLLOTON, Circuit Judges.

____________

PER CURIAM.

Roy Noles directly appeals the sentence the district court imposed after he pled [1] guilty to a firearm offense, pursuant to a plea agreement that contained an appeal *2 waiver. His counsel has moved for leave to withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967), questioning the reasonableness of Noles’s sentence.

Upon careful review, we conclude that the appeal waiver is enforceable and applicable to the issue raised in this appeal. 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 appeal falls within scope of waiver, defendant knowingly and voluntarily entered into plea agreement and waiver, and enforcing waiver would not result in miscarriage of justice). In addition, we have independently reviewed the record, pursuant to Penson v. Ohio, 488 U.S. 75 (1988), and have found no non-frivolous issues for appeal outside the scope of the waiver.

We dismiss this appeal, and we grant counsel’s motion for leave to withdraw. ______________________________

-2-

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

Case Details

Case Name: United States v. Roy Noles
Court Name: Court of Appeals for the Eighth Circuit
Date Published: Mar 23, 2017
Citation: 681 F. App'x 565
Docket Number: 16-3338
Court Abbreviation: 8th Cir.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.