United States of America v. Fabrice Lewis

United States Court of Appeals
For the Eighth Circuit
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No. 25-1822
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Fabrice Lewis
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: October 28, 2025
Filed: October 31, 2025
[Unpublished]
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Before LOKEN, BENTON, and KOBES, Circuit Judges.
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PER CURIAM.
Fabrice Lewis appeals the sentence imposed by the district court1 after he
pleaded guilty to a firearm offense pursuant to a plea agreement that includes an
1The Honorable Stephen R. Clark, Chief Judge, United States District Court for
the Eastern District of Missouri.

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appeal waiver. His counsel has moved to withdraw, and has filed a brief under
Anders v. California, 386 U.S. 738 (1967), challenging the sentence as substantively
unreasonable. Lewis has filed a pro se brief, arguing that the court procedurally erred
because it did not adjust his Guidelines range for time he spent in state custody on
related charges.
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); United States v. Andis, 333 F.3d 886, 889-92 (8th Cir.
2003) (en banc).
We have also 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 the appeal.
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