United States of America v. Herbert Keith Wells, also known as Get ‘Em

United States Court of Appeals
For the Eighth Circuit
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No. 22-3412
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Herbert Keith Wells, also known as Get ‘Em
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the District of North Dakota
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Submitted: February 14, 2023
Filed: February 17, 2023
[Unpublished]
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Before COLLOTON, BENTON, and GRASZ, Circuit Judges.
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PER CURIAM.
Herbert Wells appeals the sentence imposed by the district court1 after he pled
guilty to a drug offense, pursuant to a plea agreement containing an appeal waiver.
1The Honorable Peter D. Welte, Chief Judge, United States District Court for
the District of North Dakota.

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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.
Upon careful review, we conclude that 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 waiver. Accordingly, we dismiss this appeal
based on the appeal waiver, and we grant counsel’s motion to withdraw.
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