United States of America v. Keith Haywood

United States Court of Appeals
For the Eighth Circuit
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No. 24-3048
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United States of America
Plaintiff - Appellee
v.
Keith Haywood
Defendant - Appellant
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Appeal from United States District Court
for the District of Minnesota
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Submitted: April 9, 2025
Filed: April 14, 2025
[Unpublished]
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Before LOKEN, ERICKSON, and STRAS, Circuit Judges.
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PER CURIAM.
Keith Haywood received a 100-month sentence after pleading guilty to a drug
offense. See 21 U.S.C. § 841(a)(1), (b)(1)(B). In the plea agreement, he waived the
right to appeal unless his sentence ended up longer than 105 months. An Anders

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brief suggests the district court1 abused its discretion and imposed a substantively
unreasonable sentence. See Anders v. California, 386 U.S. 738 (1967).
Upon careful review, we conclude that the appeal waiver is enforceable and
covers these issues. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010)
(reviewing the validity of an appeal waiver de novo); United States v. Andis, 333
F.3d 886, 889–92 (8th Cir. 2003) (en banc) (explaining that an appeal waiver will
be enforced if the appeal falls within its scope, the defendant knowingly and
voluntarily entered into the plea agreement and the waiver, and enforcing the waiver
would not result in a miscarriage of justice). We have also independently reviewed
the record and conclude that no other non-frivolous issues exist. See Penson v. Ohio,
488 U.S. 75, 82–83 (1988). We accordingly dismiss the appeal and grant counsel
permission to withdraw.
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1 The Honorable John R. Tunheim, United States District Judge for the District
of Minnesota.

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