United States of America v. Andre L. Curry

United States Court of Appeals
For the Eighth Circuit
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No. 24-2843
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Andre L. Curry
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 28, 2025
Filed: January 31, 2025
[Unpublished]
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Before SMITH, GRUENDER, and SHEPHERD, Circuit Judges.
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PER CURIAM.
Andre Curry appeals the sentence imposed by district court1 after he pled guilty
to drug and firearm charges, pursuant to a written plea agreement containing an
1The Honorable John A. Ross, United States District Judge for the Eastern
District of Missouri.

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appeal waiver. His counsel has moved to withdraw and has filed a brief under Anders
v. California, 386 U.S. 738 (1967), challenging the substantive reasonableness of the
sentence.
Upon careful review, we conclude that the appeal waiver is valid, enforceable,
and applicable to the issue raised in this appeal. See United States v. Scott, 627 F.3d
702, 704 (8th Cir. 2010) (the 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
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 the
appeal.
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