United States of America v. Ezekiel D. Barry

United States Court of Appeals
For the Eighth Circuit
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No. 23-1956
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Ezekiel D. Barry
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: October 12, 2023
Filed: October 17, 2023
[Unpublished]
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Before LOKEN, COLLOTON, and GRUENDER, Circuit Judges.
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PER CURIAM.
Ezekiel Barry appeals the below-Guidelines-range sentence the district court1
imposed after he pled guilty to a drug offense pursuant to a plea agreement containing
1The Honorable Gary A. Fenner, 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 Barry’s career-offender
classification.
Upon careful review, we conclude 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)
(enforcing appeal waiver 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).
Further, 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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