United States v. William Campbell

United States Court of Appeals For the Eighth Circuit ___________________________ No. 18-2835 ___________________________ United States of America, lllllllllllllllllllllPlaintiff - Appellee, v. William Dean Campbell, lllllllllllllllllllllDefendant - Appellant. ____________ Appeal from United States District Court for the Western District of Missouri - St. Joseph ____________ Submitted: April 9, 2019 Filed: May 3, 2019 [Unpublished] ____________ Before COLLOTON, WOLLMAN, and KELLY, Circuit Judges. ____________ PER CURIAM. William Campbell directly appeals the sentence the district court1 imposed after he pleaded guilty to a drug offense, pursuant to a plea agreement containing an appeal 1 The Honorable Greg Kays, United States District Judge for the Western District of Missouri. waiver. His counsel has moved to withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the sentence as substantively unreasonable. We will enforce the appeal waiver in this case because Campbell 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 (1988), and have found no non-frivolous issues for appeal outside the scope of the appeal waiver. Accordingly, we grant counsel’s motion to withdraw and dismiss this appeal. ______________________________ -2-