United States of America v. Lyndale E. Watson, also known as Red, also known as Blood, also known as Stoni Blud

24-1001Court of Appeals for the Eighth Circuit30 apr 2025

Testo completo

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 24-2899
___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Lyndale E. Watson, also known as Red, also known as Blood, also known as Stoni
Blud
lllllllllllllllllllllDefendant - Appellant
____________
Appeal from United States District Court
for the Western District of Missouri - Kansas City
____________
Submitted: March 31, 2025
Filed: April 3, 2025
[Unpublished]
____________
Before GRUENDER, SHEPHERD, and STRAS, Circuit Judges.
____________
PER CURIAM.
Lyndale Watson received a 217-month prison sentence after pleading guilty to
attempted robbery and firearms offenses. See 18 U.S.C. §§ 924(c)(1)(A)(iii);
1951(a). In a plea agreement, he waived is right to appeal his sentence. He appeals

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after the district court1 vacated one count of conviction and resentenced him to 217
months in prison. 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. Watson has filed a pro se brief challenging the
district court’s calculations under the United States Sentencing Guidelines on
resentencing, as well as a motion for the appointment of new counsel.
Upon careful review, we conclude 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, 416-17 (8th
Cir. 2017) (concluding voluntary appeal waiver bars 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 (1988). Accordingly, we deny the
motion for the appointment of new counsel, grant counsel leave to withdraw, and
dismiss the appeal.
______________________________
1The Honorable Brian C. Wimes, United States District Judge for the Western
District of Missouri.
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