United States of America v. Jakeith D. Browning II, also known as JB

23-3019Court of Appeals for the Eighth Circuit30 janv. 2026

Texte intégral

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 25-1499
___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Jakeith D. Browning II, also known as JB
lllllllllllllllllllllDefendant - Appellant
____________
Appeal from United States District Court
for the Eastern District of Missouri - Cape Girardeau
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Submitted: December 29, 2025
Filed: January 2, 2026
[Unpublished]
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Before BENTON, SHEPHERD, and KELLY, Circuit Judges.
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PER CURIAM.
Jakeith Browning II appeals the sentence imposed by the district court1 after
he pleaded guilty to a drug conspiracy offense pursuant to a written plea agreement
1The Honorable Stephen N. Limbaugh, Jr., United States District Judge for the
Eastern District of Missouri.

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containing an appeal waiver. 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 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 validity and applicability of appeal
waiver); United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc)
(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).
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 leave to withdraw and dismiss the appeal.
______________________________
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