United States of America v. Brendon Darnell Thomas

United States Court of Appeals
For the Eighth Circuit
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No. 23-3499
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Brendon Darnell Thomas
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: May 14, 2024
Filed: May 17, 2024
[Unpublished]
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Before SMITH, BENTON, and GRASZ, Circuit Judges.
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PER CURIAM.
Brendon Darnell Thomas appeals after he pled guilty to a drug conspiracy
charge, pursuant to a written plea agreement containing an appeal waiver, and the

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district court1 imposed a below-Guidelines sentence. His counsel has moved to
withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967).
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 the validity and applicability of an 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 the scope of the waiver, the
defendant knowingly and voluntarily entered into the plea agreement and waiver, and
enforcing the waiver would not result in a 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 outside the scope of the
appeal waiver. Accordingly, we grant counsel’s motion to withdraw and dismiss this
appeal.
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1The Honorable Ronnie L. White, United States District Judge for the Eastern
District of Missouri.
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