United States of America v. William Dean Campbell

United States Court of Appeals
For the Eighth Circuit
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No. 18-2835
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United States of America,
lllllllllllllllllllllPlaintiff - Appellee,
v.
William Dean Campbell,
lllllllllllllllllllllDefendant - Appellant.
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Appeal from United States District Court
for the Western District of Missouri - St. Joseph
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Submitted: April 9, 2019
Filed: May 3, 2019
[Unpublished]
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Before COLLOTON, WOLLMAN, and KELLY, Circuit Judges.
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PER CURIAM.
William Campbell directly appeals the sentence the district court imposed after1
he pleaded guilty to a drug offense, pursuant to a plea agreement containing an appeal
The Honorable Greg Kays, United States District Judge for the Western1
District of Missouri.

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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.
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