United States of America v. Kelton D. Reeves

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 21-3721
___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Kelton D. Reeves
lllllllllllllllllllllDefendant - Appellant
____________
Appeal from United States District Court
for the Western District of Missouri - Springfield
____________
Submitted: June 30, 2022
Filed: July 6, 2022
[Unpublished]
____________
Before LOKEN, COLLOTON, and KELLY, Circuit Judges.
____________
PER CURIAM.
Kelton Reeves appeals the sentence imposed by the district court1 after he
pleaded guilty to drug and firearm offenses, pursuant to a plea agreement that
1The Honorable M. Douglas Harpool, United States District Judge for the
Western District of Missouri.

-- 1 of 2 --

includes 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 sentence and raising
an ineffective assistance of counsel claim.
Upon careful review, we conclude that the appeal waiver is valid, enforceable,
and applicable to any potential sentencing issues raised in this appeal. See United
States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010); United States v. Andis, 333 F.3d
886, 889-92 (8th Cir. 2003) (en banc). We also conclude that Reeves cannot pursue
any ineffective assistance of counsel claims on direct appeal, as the record is not fully
developed. See United States v. Oliver, 950 F.3d 556, 566 (8th Cir. 2020). We have
also independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988),
and have found no non-frivolous issues for appeal outside the scope of the appeal
waiver. Accordingly, we dismiss the appeal, we grant counsel’s motion to withdraw,
and we deny the request for appointment of new appellate counsel as moot.
______________________________
-2-

-- 2 of 2 --