United States v. Leng Lee

United States Court of Appeals For the Eighth Circuit ___________________________ No. 20-2773 ___________________________ United States of America, lllllllllllllllllllllPlaintiff - Appellee, v. Leng Lee, lllllllllllllllllllllDefendant - Appellant. ____________ Appeal from United States District Court for the Western District of Missouri - Joplin ____________ Submitted: March 4, 2021 Filed: March 12, 2021 [Unpublished] ____________ Before LOKEN, COLLOTON, and KOBES, Circuit Judges. ____________ PER CURIAM. Leng Lee appeals the sentence imposed by the district court1 after he pleaded guilty to firearm offenses under a plea agreement that contained an appeal waiver. 1 The Honorable Roseann A. Ketchmark, United States District Judge for the Western District of Missouri. His counsel has moved for leave to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the sentence and suggesting trial counsel was ineffective. The court granted Lee permission to file a pro se supplemental brief, but he did not file one. We will enforce the appeal waiver in this case because Lee 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); United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc). We have also 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 dismiss this appeal based on the appeal waiver, and we grant counsel’s motion to withdraw. ______________________________ -2-