United States of America v. Raul A. Gonzalez Reyes

United States Court of Appeals
For the Eighth Circuit
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No. 22-2076
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Raul A. Gonzalez Reyes
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - Joplin
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Submitted: October 17, 2022
Filed: October 20, 2022
[Unpublished]
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Before LOKEN, BENTON, and SHEPHERD, Circuit Judges.
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PER CURIAM.
Raul Gonzalez Reyes directly appeals after he pleaded guilty to drug and
firearm offenses pursuant to a plea agreement containing an appeal waiver, and the
district court1 sentenced him to a term of imprisonment at the top of the advisory
1The Honorable M. Douglas Harpool, United States District Judge for the
Western District of Missouri.

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Guidelines range. His counsel has filed a brief under Anders v. California, 386 U.S.
738 (1967), in which he challenges the substantive reasonableness of the sentence
and seeks leave to withdraw.
We conclude that the appeal waiver is enforceable because Reyes entered into
the plea agreement and the appeal waiver knowingly and voluntarily, his challenge
to the sentence falls within the scope of the appeal waiver, and no miscarriage of
justice would result from enforcing the waiver. See United States v. Scott, 627 F.3d
702, 704 (8th Cir. 2010) (de novo review); United States v. Andis, 333 F.3d 886, 890-
92 (8th Cir. 2003) (en banc). Furthermore, we have 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 grant counsel’s motion to withdraw, and dismiss this appeal
based on the appeal waiver.
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