United States of America v. Carl Crooked Eyes

United States Court of Appeals
For the Eighth Circuit
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No. 23-3567
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United States of America
Plaintiff - Appellee
v.
Carl Crooked Eyes
Defendant - Appellant
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Appeal from United States District Court
for the District of South Dakota - Western
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Submitted: March 12, 2024
Filed: March 15, 2024
[Unpublished]
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Before BENTON, ERICKSON, and STRAS, Circuit Judges.
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PER CURIAM.
Carl Crooked Eyes received a 16-month prison sentence after he pleaded
guilty to assaulting a federal officer. See 18 U.S.C. § 111(a)(1). An Anders brief

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suggests that the district court1 abused its discretion by imposing a substantively
unreasonable sentence. See Anders v. California, 386 U.S. 738 (1967).
Upon careful review, we conclude that the appeal waiver in his plea agreement
covers this issue. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010)
(reviewing the validity of an appeal waiver de novo); United States v. Andis, 333
F.3d 886, 889–92 (8th Cir. 2003) (en banc) (explaining that an appeal waiver will
be enforced if the appeal falls within its scope, the defendant knowingly and
voluntarily entered into the plea agreement and the waiver, and enforcing the waiver
would not result in a miscarriage of justice). We have also independently reviewed
the record and conclude that no other non-frivolous issues exist. See Penson v. Ohio,
488 U.S. 75, 82–83 (1988). We accordingly dismiss the appeal and grant counsel
permission to withdraw.
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1 The Honorable Roberto Lange, Chief Judge, United States District Court for
the District of South Dakota.

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