United States of America v. Kennis Body

United States Court of Appeals
For the Eighth Circuit
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No. 23-3639
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Kennis Body
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Eastern District of Missouri
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Submitted: April 26, 2024
Filed: May 6, 2024
[Unpublished]
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Before BENTON, GRASZ, and STRAS, Circuit Judges.
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PER CURIAM.
Kennis Body appeals the sentence the district court1 imposed after he pled
guilty to drug offenses, pursuant to a plea agreement that includes an appeal waiver.
1The Honorable Henry Edward Autrey, United States District Judge for the
Eastern District of Missouri.

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His counsel has moved for leave to withdraw and 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 issue raised in this appeal. See United States v. Scott, 627 F.3d 702,
704 (8th Cir. 2010) (reviewing validity and applicability of appeal waiver de novo);
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 it would not result in
miscarriage of justice). 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 falling outside the scope of the appeal waiver. Accordingly, we dismiss the
appeal based on the appeal waiver and grant counsel’s motion to withdraw.
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