United States of America v. Antonio Jackson

United States Court of Appeals
For the Eighth Circuit
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No. 22-2347
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Antonio Jackson
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: January 3, 2023
Filed: January 10, 2023
[Unpublished]
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Before GRASZ, MELLOY, and KOBES, Circuit Judges.
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PER CURIAM.
Antonio Jackson directly appeals the within-Guidelines-range sentence the
district court1 imposed after he pleaded guilty to being a felon in possession of a
1The Honorable Audrey G. Fleissig, United States District Judge for the
Eastern District of Missouri.

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firearm pursuant to a written plea agreement containing an appeal waiver. His
counsel has moved for leave to withdraw and has filed a brief under Anders v.
California, 386 U.S. 738 (1967), acknowledging the appeal waiver, but suggesting
the district court “plainly erred” in determining Jackson’s sentence.
We conclude that the appeal waiver is enforceable because Jackson 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) (appeal waiver will be enforced if
appeal falls within scope of waiver, defendant knowingly and voluntarily entered into
plea agreement and waiver, and enforcing waiver would not result in miscarriage of
justice). 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.
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