United States v. Deauntee Mosby

United States Court of Appeals For the Eighth Circuit ___________________________ No. 17-1362 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Deauntee Q. Mosby lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Springfield ____________ Submitted: November 24, 2017 Filed: January 2, 2018 [Unpublished] ____________ Before SHEPHERD, MURPHY, and KELLY, Circuit Judges. ____________ PER CURIAM. Deauntee Mosby directly appeals after pleading guilty in the district court1 to participating in a drug conspiracy, pursuant to a plea agreement containing an appeal 1 The Honorable Roseann A. Ketchmark, United States District Judge for the Western District of Missouri. waiver. His counsel has moved for leave to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967). We conclude that the appeal 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, 890-92 (8th Cir. 2003) (en banc) (discussing enforcement of appeal waivers). 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 appeal waiver. Accordingly, we grant counsel’s motion, and we dismiss this appeal. ______________________________ -2-