United States of America v. Antwon Fulton

United States Court of Appeals
For the Eighth Circuit
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No. 24-1932
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Antwon Fulton
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: August 15, 2024
Filed: August 20, 2024
[Unpublished]
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Before SMITH, BENTON, and GRASZ, Circuit Judges.
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PER CURIAM.
Antwon Fulton 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 Stephen R. Clark, Chief Judge, United States District Court for
the Eastern District of Missouri.

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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 denial of Fulton’s request
for a downward variance and the substantive reasonableness of 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) (the 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 independently reviewed the record under Person 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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