United States of America v. Mohamed Salah Hussein, also known as Cheese

United States Court of Appeals
For the Eighth Circuit
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No. 21-3656
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Mohamed Salah Hussein, also known as Cheese
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the District of Minnesota
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Submitted: April 5, 2022
Filed: April 11, 2022
[Unpublished]
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Before GRUENDER, ERICKSON, and GRASZ, Circuit Judges.
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PER CURIAM.
Mohamed Hussein appeals the sentence imposed by the district court1 after he
pleaded guilty to a drug offense, pursuant to a plea agreement containing an appeal
1The Honorable Ann D. Montgomery, United States District Judge for the
District of Minnesota.

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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 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) (validity and applicability of an appeal waiver is reviewed
de novo); United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc)
(appeal waiver will be enforced if the appeal falls within the scope of the waiver, 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 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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