United States of America v. James E. Caldwell

United States Court of Appeals
For the Eighth Circuit
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No. 17-3166
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
James E. Caldwell
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - Kansas City
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Submitted: May 22, 2018
Filed: May 30, 2018
[Unpublished]
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Before SHEPHERD, KELLY, and GRASZ, Circuit Judges.
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PER CURIAM.
James Caldwell directly appeals the sentence the district court imposed after1
he pleaded guilty, pursuant to a plea agreement containing an appeal waiver, to
The Honorable Gary A. Fenner, United States District Judge for the Western1
District of Missouri.

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conspiracy to distribute cocaine base. Caldwell’s counsel has moved to withdraw,
and has filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the
sentence was substantively unreasonable.
Upon careful review, we conclude that the appeal waiver is valid, applicable,
and enforceable. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (de
novo review of validity and applicability of appeal waiver); 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 miscarriage of
justice). Having independently reviewed the record under Penson v. Ohio, 488 U.S.
75 (1988), we find no nonfrivolous issues for appeal falling outside the scope of the
appeal waiver.
Accordingly, we grant counsel’s motion to withdraw, and we dismiss this
appeal.
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