United States of America v. Jerrell Haynes

United States Court of Appeals
For the Eighth Circuit
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No. 24-1229
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United States of America
Plaintiff - Appellee
v.
Jerrell Haynes
Defendant - Appellant
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Appeal from United States District Court
for the Eastern District of Missouri - St. Louis
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Submitted: September 3, 2024
Filed: September 6, 2024
[Unpublished]
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Before LOKEN, BENTON, and GRASZ, Circuit Judges.
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PER CURIAM.
Jerrell Haynes appeals the sentence the district court1 imposed after he pled
guilty to firearm offenses pursuant to a plea agreement containing an appeal waiver.
1 The Honorable Sarah E. Pitlyk, United States District Judge for the Eastern
District of Missouri.

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-2-
Having jurisdiction under 28 U.S.C. § 1291, this court dismisses the appeal based
on the appeal waiver.
Counsel has filed a brief under Anders v. California, 386 U.S. 738 (1967),
seeking leave to withdraw, acknowledging the appeal waiver, and discussing
Haynes’s challenge to his sentence. This court concludes that the appeal waiver is
enforceable as to Haynes’s challenge to his sentence. The issue identified by counsel
falls within the scope of the appeal waiver, the record shows that Haynes entered
into the plea agreement and the appeal waiver knowingly and voluntarily, and no
miscarriage of justice would result from enforcing the waiver. See United States v.
Scott, 627 F.3d 702, 704 (8th Cir. 2010) (de novo review); United States v. Andis,
333 F.3d 886, 889-92 (8th Cir. 2003) (en banc) (appeal waiver will be enforced if
appeal falls within scope of waiver, defendant knowingly and voluntarily entered
into plea agreement and waiver, and enforcing waiver would not result in a
miscarriage of justice).
This court has reviewed the record independently under Penson v. Ohio, 488
U.S. 75 (1988), and has found no non-frivolous issues outside the scope of the appeal
waiver.
The appeal is dismissed and counsel’s request to withdraw is granted.
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