United States Court of Appeals
For the Eighth Circuit
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No. 16-3670
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Michael Knight
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - Kansas City
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Submitted: July 19, 2017
Filed: July 24, 2017
[Unpublished]
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Before WOLLMAN, LOKEN, and BENTON, Circuit Judges.
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PER CURIAM.
In this direct criminal appeal, Michael Knight challenges the sentence the
district court1 imposed after he pleaded guilty to drug and gun charges, pursuant to
1
The Honorable Roseann A. Ketchmark, United States District Judge for the
Western District of Missouri.
a written plea agreement. His counsel has moved to withdraw and submitted a brief
under Anders v. California, 386 U.S. 738 (1967), raising the reasonableness of the
sentence.
We conclude that the appeal waiver is enforceable, because our review of the
record demonstrates that Knight entered into the plea agreement and the appeal
waiver knowingly and voluntarily, see Nguyen v. United States, 114 F.3d 699, 703
(8th Cir. 1997); the argument falls within the scope of the 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,
890-92 (8th Cir. 2003) (en banc). 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 waiver.
Accordingly, we grant counsel’s motion, and we dismiss this appeal.
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