United States v. Kennis Body, No. 23-3639 (8th Cir. 2024)

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 23-3639 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Kennis Body lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Eastern District of Missouri ____________ Submitted: April 26, 2024 Filed: May 6, 2024 [Unpublished] ____________ Before BENTON, GRASZ, and STRAS, Circuit Judges. ____________ PER CURIAM. Kennis Body appeals the sentence the district court1 imposed after he pled guilty to drug offenses, pursuant to a plea agreement that includes an appeal waiver. 1 The Honorable Henry Edward Autrey, United States District Judge for the Eastern District of Missouri. His counsel has moved for leave to withdraw and filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the substantive reasonableness of the sentence. Upon careful review, we conclude the appeal waiver is valid, enforceable, and applicable to the issue raised in this appeal. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (reviewing validity and applicability of appeal waiver de novo); United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc) (enforcing appeal waiver if appeal falls within scope of waiver, defendant knowingly and voluntarily entered into plea agreement and waiver, and it would not result in miscarriage of justice). 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 falling outside the scope of the appeal waiver. Accordingly, we dismiss the appeal based on the appeal waiver and grant counsel’s motion to withdraw. ______________________________ -2-

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