United States of America v. Earl Ganaway

United States Court of Appeals
For the Eighth Circuit
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No. 23-2731
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Earl Ganaway
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: February 20, 2024
Filed: February 23, 2024
[Unpublished]
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Before LOKEN, BENTON, and ERICKSON, Circuit Judges.
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PER CURIAM.
Earl Ganaway appeals the sentence imposed by the district court1 after he pled
guilty to drug possession and firearm charges pursuant to a written plea agreement
1The Honorable Audrey G. Fleissig, 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 that the appeal waiver is valid, enforceable,
and applicable to the argument 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 waiver and plea agreement, 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 dismiss this appeal based on the appeal waiver, and we grant
counsel’s motion to withdraw.
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