United States of America v. Nicholas Antwain Dancy

United States Court of Appeals
For the Eighth Circuit
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No. 23-3748
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Nicholas Antwain Dancy
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the District of Minnesota
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Submitted: May 23, 2024
Filed: May 29, 2024
[Unpublished]
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Before GRUENDER, ERICKSON, and STRAS, Circuit Judges.
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PER CURIAM.
Nicholas Dancy appeals the below-Guidelines-range sentence the district court1
imposed after he pled guilty to robbery and firearm charges pursuant to a written plea
1The Honorable John R. Tunheim, United States District Judge for the District
of Minnesota.

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agreement containing an appeal waiver. His counsel has moved 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) (reviewing de novo validity and applicability of appeal
waiver); United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc)
(enforcing appeal waiver if appeal falls within scope of waiver, defendant knowingly
and voluntarily entered into waiver and plea agreement, and enforcing waiver would
not result in miscarriage of justice). Further, having independently reviewed the
record under Penson v. Ohio, 488 U.S. 75 (1988), we find no non-frivolous issues for
appeal outside the scope of the appeal waiver.
Accordingly, we dismiss this appeal based on the appeal waiver, and we grant
counsel’s motion to withdraw.
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