United States of America v. Bradley Reid

21-3149Court of Appeals for the Eighth CircuitApr 28, 2023

Full text

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 22-2951
___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Bradley Reid
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Eastern District of Missouri - St. Louis
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Submitted: April 11, 2023
Filed: April 14, 2023
[Unpublished]
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Before KELLY, ERICKSON, and STRAS, Circuit Judges.
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PER CURIAM.
Bradley Reid appeals the sentence imposed by the district court1 after he pled
guilty to drug and firearm offenses pursuant to a written plea agreement containing
1The Honorable Sarah E. Pitlyk, United States District Judge for the Eastern
District of Missouri.

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an appeal 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 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 the 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 also 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 waiver. Accordingly, we dismiss the appeal, and we grant counsel’s motion
to withdraw.
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