United States of America v. Kentrez Robinson

United States Court of Appeals
For the Eighth Circuit
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No. 23-2685
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United States of America
Plaintiff - Appellee
v.
Kentrez Robinson
Defendant - Appellant
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Appeal from United States District Court
for the Eastern District of Missouri - St. Louis
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Submitted: October 31, 2023
Filed: November 3, 2023
[Unpublished]
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Before BENTON, KELLY, and STRAS, Circuit Judges.
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PER CURIAM.
Kentrez Robinson appeals the below-Guidelines-range sentence the district
court1 imposed after he pled guilty to firearm offenses pursuant to a written plea
1 The Honorable Rodney W. Sippel, United States District Judge for the
Eastern District of Missouri.

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agreement containing an appeal waiver. Having jurisdiction under 28 U.S.C. § 1291,
this court dismisses the appeal based on the appeal waiver.
Counsel has moved for leave to withdraw and filed a brief under Anders v.
California, 386 U.S. 738 (1967), challenging the enforceability of the appeal waiver
and the substantive reasonableness of the sentence. This court concludes that the
appeal waiver is enforceable. Counsel’s argument falls within the scope of the
appeal waiver, the record shows that Robinson entered into the plea agreement and
the appeal waiver knowingly and voluntarily, 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) (appeal waiver will be enforced if appeal falls within scope of
waiver, defendant knowingly and voluntarily entered into waiver and plea
agreement, and enforcing waiver would not result in miscarriage of justice;
allegation that sentencing court abused discretion not subject to appeal in face of
valid appeal waiver).
This court has reviewed the record independently under Penson v. Ohio, 488
U.S. 75 (1988), and found no non-frivolous issues for appeal outside the scope of
the appeal waiver.
The appeal is dismissed. Counsel’s motion to withdraw is granted.
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