United States of America v. Roy L. House, Jr.

United States Court of Appeals
For the Eighth Circuit
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No. 18-3508
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Roy L. House, Jr.
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - Kansas City
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Submitted: August 12, 2019
Filed: August 15, 2019
[Unpublished]
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Before LOKEN, GRUENDER, and KOBES, Circuit Judges.
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PER CURIAM.
Roy House, Jr. appeals after he pleaded guilty, under a plea agreement
containing an appeal waiver, to Hobbs Act robbery and a firearm offense, and the

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district court sentenced him, as a career offender, to a total of 360 months in prison.1
His counsel seeks to withdraw, and has filed a brief under Anders v. California, 386
U.S. 738 (1967), arguing that the court erred in classifying House as a career
offender, and challenging the reasonableness of the sentence.
We will enforce the appeal waiver in this case because House entered into the
plea agreement and the appeal waiver knowingly and voluntarily, his arguments fall
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)
(standard of review); United States v. Andis, 333 F.3d 886, 889–92 (8th Cir. 2003)
(en banc) (discussing enforcement of appeal waivers). 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 falling outside the scope of the appeal
waiver. Accordingly, we dismiss this appeal based on the appeal waiver, and we
grant counsel leave to withdraw.
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The Honorable Roseann A. Ketchmark, United States District Judge for the1
Western District of Missouri.
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