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22-1796•United States of America v. Carl W. Moreland
22-1796Court of Appeals for the Eighth CircuitJul 31, 2023
United States Court of Appeals
For the Eighth Circuit
___________________________
No. 23-1521
___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Carl W. Moreland
lllllllllllllllllllllDefendant - Appellant
____________
Appeal from United States District Court
for the Western District of Missouri - Kansas City
____________
Submitted: July 20, 2023
Filed: July 28, 2023
[Unpublished]
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Before LOKEN, ERICKSON, and STRAS, Circuit Judges.
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PER CURIAM.
Carl Moreland appeals the sentence imposed by the district court1 after he
pleaded guilty to drug and firearm offenses, pursuant to a plea agreement that
1The Honorable David Gregory Kays, United States District Judge for the
Western District of Missouri.
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includes an appeal waiver. His counsel has moved to withdraw, and has filed a brief
under Anders v. California, 386 U.S. 738 (1967), arguing that the sentence is
substantively unreasonable.
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); United States v. Andis, 333 F.3d 886, 889-92 (8th Cir.
2003) (en banc). 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 appeal waiver. Accordingly, we grant counsel’s motion to withdraw,
and we dismiss the appeal.
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