United States of America v. Demetrius McCalister, also known as Meechie, also known as Lil'D, also known as…

United States Court of Appeals
For the Eighth Circuit
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No. 12-3722
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Demetrius McCalister, also known as Meechie, also known as Lil'D, also known as
Meechie Loc
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Eastern District of Missouri - St. Louis
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Submitted: June 7, 2013
Filed: June 7, 2013
[Unpublished]
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Before LOKEN, MELLOY, and BENTON, Circuit Judges.
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PER CURIAM.

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Demetrius McCalister directly appeals the sentence the district court 1 imposed
after he pled guilty to charges involving drugs and firearms. His counsel has moved
to withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967),
acknowledging that McCalister entered into a plea agreement containing an appeal
waiver, but arguing that the district court, having granted a downward variance,
abused its discretion by not imposing a more lenient sentence.
Upon careful review, this court concludes that the appeal waiver is enforceable.
See United States v. Jennings, 662 F.3d 988, 990 (8th Cir. 2011) (court should enforce
appeal waiver if both waiver and plea agreement were entered into knowingly and
voluntarily, appeal is within waiver’s scope, and no miscarriage of justice would
result); see also United States v. Azure, 571 F.3d 769, 772 (8th Cir. 2009) (de novo
review of whether defendant waived right to appeal sentence). Having reviewed the
record independently under Penson v. Ohio, 488 U.S. 75 (1988), this court finds no
nonfrivolous issues outside the scope of the appeal waiver.
The appeal is dismissed, and counsel’s motion to withdraw is granted.
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1The Honorable Jean C. Hamilton, United States District Judge for the Eastern
District of Missouri.
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