United States of America v. Harvey O. Collins

United States Court of Appeals
For the Eighth Circuit
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No. 25-1474
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Harvey O. Collins
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: August 26, 2025
Filed: August 29, 2025
[Unpublished]
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Before SMITH, SHEPHERD, and ERICKSON, Circuit Judges.
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PER CURIAM.
Harvey Collins appeals the sentence the district court1 imposed after he pled
guilty to drug offenses pursuant to a written plea agreement containing an appeal
1The Honorable Sarah E. Pitlyk, United States District Judge for the Eastern
District of Missouri.

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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 the appeal waiver is valid, enforceable, and
applicable to the arguments 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 plea agreement and waiver, 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 grant counsel’s motion to withdraw and dismiss this
appeal.
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