United States of America v. Delmonte M. Wilson

United States Court of Appeals
For the Eighth Circuit
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No. 23-1337
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Delmonte M. Wilson
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - Kansas City
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Submitted: August 2, 2023
Filed: August 15, 2023
[Unpublished]
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Before GRUENDER, BENTON, and GRASZ, Circuit Judges.
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PER CURIAM.
Delmonte Wilson appeals the sentence the district court1 imposed after he pled
guilty to a firearm offense. The plea came pursuant to a plea agreement in which
1The Honorable Greg Kays, United States District Judge for the Western
District of Missouri.

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Wilson waived his right to an appeal. His counsel has moved for leave to withdraw
and filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the
sentence.
Upon careful review, we conclude that the appeal waiver is valid, enforceable,
and applicable to the issues raised in this appeal. 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). 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 falling outside the scope of the appeal waiver. Accordingly, we dismiss the
appeal based on the appeal waiver and grant counsel’s motion to withdraw.
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