United States of America v. Lewis Cooney

United States Court of Appeals
For the Eighth Circuit
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No. 24-2396
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Lewis Cooney
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Eastern District of Arkansas - Central
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Submitted: December 9, 2024
Filed: December 12, 2024
[Unpublished]
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Before GRUENDER, BENTON, and KOBES, Circuit Judges.
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PER CURIAM.
Lewis Cooney appeals the sentence imposed by the district court1 after he
pleaded guilty to a firearm offense pursuant to a plea agreement containing an appeal
1The Honorable Billy Roy Wilson, United States District Judge for the Eastern
District of Arkansas.

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waiver. His counsel has moved for leave to withdraw, and has filed a brief under
Anders v. California, 386 U.S. 738 (1967), challenging the substantive
reasonableness of the sentence. The government has moved to dismiss the appeal
based on the appeal waiver.
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) (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 waiver and plea agreement, 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 falling outside the scope
of the appeal waiver. Accordingly, we grant the government’s motion, dismiss the
appeal based on the appeal waiver, and grant counsel leave to withdraw.
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