United States of America v. Wiser Key

United States Court of Appeals
For the Eighth Circuit
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No. 24-2968
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Wiser Key
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - Kansas City
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Submitted: April 4, 2025
Filed: April 28, 2025
[Unpublished]
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Before GRUENDER, SHEPHERD, and STRAS, Circuit Judges.
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PER CURIAM.
Wiser Key appeals the sentence the district court1 imposed after he pleaded
guilty to drug and firearm offenses pursuant to a written plea agreement containing
1The Honorable Roseann A. Ketchmark, United States District Judge for the
Western 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 substantive
reasonableness of the sentence and questioning whether the appeal waiver is
enforceable.
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) (reviewing de novo the validity and applicability of an appeal waiver); United
States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc) (stating that an 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).
Having independently reviewed the record pursuant to 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 grant counsel leave to withdraw and dismiss this
appeal.
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