United States of America v. Mykus Butler, also known as Dukes, also known as Dukes Da Don, also known as The Top…

United States Court of Appeals
For the Eighth Circuit
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No. 24-2018
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Mykus Butler, also known as Dukes, also known as Dukes Da Don, also known as
The Top Shooter
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: December 12, 2024
Filed: December 24, 2024
[Unpublished]
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Before LOKEN, SHEPHERD, and STRAS, Circuit Judges.
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PER CURIAM.
Mykus Butler appeals after he pleaded guilty to robbery, firearm, and
carjacking charges, under a plea agreement containing an appeal waiver, and the

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district court1 sentenced him to 170 months in prison. His counsel has moved for
leave to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738
(1967), challenging the sentence.
Upon careful review, we conclude that the record shows Butler entered into the
plea agreement and appeal waiver knowingly and voluntarily, and that the appeal
waiver is valid, enforceable, and applicable to the issues raised by counsel in this
appeal. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (validity and
applicability of an appeal waiver are reviewed de novo); United States v. Andis, 333
F.3d 886, 889-92 (8th Cir. 2003) (en banc) (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 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 waiver. Accordingly, we dismiss this appeal based on the appeal waiver,
and we grant counsel’s motion to withdraw.
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1The Honorable David Gregory Kays, United States District Judge for the
Western District of Missouri.
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