United States of America v. Brandon Kingsley Robinson

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 24-2730
___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Brandon Kingsley Robinson
lllllllllllllllllllllDefendant - Appellant
____________
Appeal from United States District Court
for the Eastern District of Arkansas - Central
____________
Submitted: December 2, 2024
Filed: December 5, 2024
[Unpublished]
____________
Before LOKEN, KELLY, and ERICKSON, Circuit Judges.
____________
PER CURIAM.
Brandon Robinson appeals the within-Guidelines-range sentence imposed by
the district court1 after he pled guilty to a firearm offense, pursuant to a written plea
1The Honorable James M. Moody Jr., United States District Judge for the
Eastern District of Arkansas.

-- 1 of 2 --

agreement 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. The government has filed a motion to
dismiss the appeal based on the appeal waiver.
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)
(enforcing appeal waiver if appeal falls within scope of waiver, defendant knowingly
and voluntarily entered 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 grant the government’s motion, dismiss this appeal
based on the appeal waiver, and grant counsel leave to withdraw.
______________________________
-2-

-- 2 of 2 --