United States of America v. Timothy Tywan Groce, also known as T

United States Court of Appeals
For the Eighth Circuit
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No. 23-1471
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Timothy Tywan Groce, also known as T
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the District of North Dakota - Western
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Submitted: August 23, 2023
Filed: August 29, 2023
[Unpublished]
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Before LOKEN, COLLOTON, and KELLY, Circuit Judges.
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PER CURIAM.
Timothy Groce directly appeals the below-Guidelines-range sentence the
district court1 imposed after he pled guilty to drug offenses pursuant to a written plea
1The Honorable Daniel M. Traynor, United States District Judge for the District
of North Dakota.

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agreement containing an appeal waiver. His counsel has moved to withdraw, and has
filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the
substantive reasonableness of the sentence.
Upon careful review, we conclude that the appeal waiver is valid, enforceable,
and applicable to the issues raised in this appeal. See United States v. Scott, 627 F.3d
702, 704 (8th Cir. 2010) (de novo review of validity and applicability of appeal
waiver); United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc)
(appeal waiver will be enforced if appeal falls within scope of waiver, defendant
knowingly and voluntarily entered into plea agreement and waiver, and enforcing
waiver would not result in miscarriage of justice).
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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