United States of America v. Corey Staten

United States Court of Appeals
For the Eighth Circuit
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No. 21-3285
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Corey Staten
lllllllllllllllllllllDefendant - 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 10, 2022
Filed: June 23, 2022
[Unpublished]
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Before ERICKSON, GRASZ, and KOBES, Circuit Judges.
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PER CURIAM.
Corey Staten appeals the sentence the district court1 imposed after he pled
guilty to being a felon in possession of a firearm, pursuant to a plea agreement
1The Honorable Stephen R. Clark, United States District Judge for the Eastern
District of Missouri.

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containing an appeal waiver. His counsel has moved to withdraw and has filed a brief
under Anders v. California, 386 U.S. 738 (1967), questioning the substantive
reasonableness of the sentence and the enforceability of the appeal waiver.
We conclude the appeal waiver is valid, enforceable, and applicable to Staten’s
challenge to his sentence. 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).
Further, having independently reviewed the record under Penson v. Ohio, 488
U.S. 75 (1988), we find no nonfrivolous issues for appeal outside the scope of the
appeal waiver. Accordingly, we grant counsel leave to withdraw and dismiss this
appeal.
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