United States of America v. Ali Alva-Joya

United States Court of Appeals
For the Eighth Circuit
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No. 23-3626
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Ali Alva-Joya
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: May 16, 2024
Filed: May 23, 2024
[Unpublished]
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Before GRUENDER, ERICKSON, and STRAS, Circuit Judges.
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PER CURIAM.
Ali Alva-Joya appeals after he pleaded guilty to a drug-conspiracy charge
pursuant to a written plea agreement containing an appeal waiver and the district

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court1 imposed a below-Guidelines-range sentence. His counsel has moved to
withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967).
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 de novo the validity and applicability of an appeal waiver); 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 the scope of the waiver, 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 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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1The Honorable Roseann A. Ketchmark, United States District Judge for the
Western District of Missouri.
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