United States of America v. Louis Charles Smith

United States Court of Appeals
For the Eighth Circuit
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No. 24-3455
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Louis Charles Smith
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Eastern District of Missouri
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Submitted: May 22, 2025
Filed: May 28, 2025
[Unpublished]
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Before SMITH, GRASZ, and STRAS, Circuit Judges.
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PER CURIAM.
Louis Smith appeals the sentence imposed by the district court1 after he pled
guilty to a drug charge pursuant to a written plea agreement containing an appeal
1The Honorable Henry E. Autrey, United States District Judge for the Eastern
District of Missouri.

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