United States of America v. Shauwn Nettles

United States Court of Appeals
For the Eighth Circuit
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No. 23-3176
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Shauwn Nettles
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Eastern District of Missouri - St. Louis
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Submitted: July 22, 2024
Filed: July 25, 2024
[Unpublished]
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Before SMITH, SHEPHERD, and ERICKSON, Circuit Judges.
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PER CURIAM.
Shauwn Nettles appeals after he pleaded guilty to a firearm offense pursuant
to a plea agreement containing an appeal waiver and the district court1 imposed a
1The Honorable Audrey G. Fleissig, United States District Judge for the
Eastern District of Missouri.

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sentence jointly recommended by the parties. His counsel has moved for leave to
withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967).
Upon careful de novo 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) (reviewing de novo validity and applicability of appeal waiver). The record
reflects that Nettles entered into the plea agreement and appeal waiver knowingly and
voluntarily, and enforcing the waiver will not result in a miscarriage of justice. See
United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc) (discussing
enforceability of appeal waivers). 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 falling 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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