United States of America v. DeJuan Lamarr Howard

United States Court of Appeals
For the Eighth Circuit
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No. 24-1486
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
DeJuan Lamarr Howard
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: August 5, 2024
Filed: August 8, 2024
[Unpublished]
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Before KELLY, GRASZ, and STRAS, Circuit Judges.
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PER CURIAM.
DeJuan Howard pleaded guilty to drug and firearm offenses pursuant to a plea
agreement containing an appeal waiver. He now appeals the sentence imposed by the

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district court.1 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) (noting that we review validity and applicability of appeal
waiver de novo); United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en
banc) (stating that 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).
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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1The Honorable Howard F. Sachs, United States District Judge for the Western
District of Missouri.
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