United States of America v. Curtis S. Lyles

United States Court of Appeals
For the Eighth Circuit
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No. 24-2099
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United States of America
Plaintiff - Appellee
v.
Curtis S. Lyles
Defendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - Springfield
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Submitted: October 1, 2024
Filed: October 4, 2024
[Unpublished]
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Before GRASZ, STRAS, and KOBES, Circuit Judges.
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PER CURIAM.
Curtis Lyles received a 192-month prison sentence after pleading guilty to
firearm and drug offenses. See 18 U.S.C. § 922(g)(1); 21 U.S.C. § 841(a)(1),
(b)(1)(C). In the plea agreement, he waived the right to appeal his sentence. An

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Anders brief suggests it is substantively unreasonable and the district court1 abused
its discretion. See Anders v. California, 386 U.S. 738 (1967).
Upon careful review, we conclude that the appeal waiver is enforceable and
covers these issues. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010)
(reviewing the validity of an appeal waiver de novo); United States v. Andis, 333
F.3d 886, 889–92 (8th Cir. 2003) (en banc) (explaining that an appeal waiver will
be enforced if the appeal falls within its scope, the defendant knowingly and
voluntarily entered into the plea agreement and the waiver, and enforcing the waiver
would not result in a miscarriage of justice); see also United States v. Cooney, 875
F.3d 414, 417 (8th Cir. 2017) (“[A]n appellate waiver bars an appeal after
resentencing.”). We have also independently reviewed the record and conclude that
no other non-frivolous issues exist. See Penson v. Ohio, 488 U.S. 75, 82–83 (1988).
We accordingly dismiss the appeal and grant counsel permission to withdraw.
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1 The Honorable M. Douglas Harpool, United States District Judge for the
Western District of Missouri.

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