United States of America v. Dereone Williams

23-3440Court of Appeals for the Eighth CircuitDec 31, 2024

Full text

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 24-2199
___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Dereone Williams
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: December 19, 2024
Filed: December 24, 2024
[Unpublished]
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Before SMITH, KELLY, and ERICKSON, Circuit Judges.
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PER CURIAM.
Dereone Williams appeals the sentence imposed by the district court1 after he
pled guilty to a firearm offense, pursuant to a written plea agreement containing an
1The Honorable Audrey G. Fleissig, United States District Judge for the
Eastern District of Missouri.

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appeal waiver. His counsel has moved to withdraw and has filed a brief under Anders
v. California, 386 U.S. 738 (1967), challenging the procedural 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) (validity and applicability of an appeal waiver are 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 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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