United States of America v. Marcquece R. Petties

United States Court of Appeals
For the Eighth Circuit
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No. 23-1511
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Marcquece R. Petties
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the District of Nebraska - Omaha
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Submitted: July 5, 2023
Filed: July 10, 2023
[Unpublished]
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Before KELLY, ERICKSON, and GRASZ, Circuit Judges.
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PER CURIAM.
Marcquece Petties appeals the within-Guidelines-range sentence the district
court1 imposed after he pled guilty to a firearm-related charge and a drug charge
1The Honorable Robert F. Rossiter, Jr., Chief Judge, United States District
Court for the District of Nebraska.

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pursuant to a written plea agreement containing 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 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 de novo validity and applicability of appeal
waiver); United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc)
(enforcing appeal waiver if appeal falls within scope of waiver, defendant knowingly
and voluntarily entered into waiver and plea agreement, and enforcing waiver would
not result in miscarriage of justice). Further, having independently reviewed the
record under 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 dismiss this appeal based on the appeal waiver, and we grant
counsel’s motion to withdraw.
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