United States of America v. Davontae Leregginald Alexander

United States Court of Appeals
For the Eighth Circuit
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No. 24-2619
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Davontae Leregginald Alexander
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the District of North Dakota - Western
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Submitted: February 26, 2025
Filed: March 3, 2025
[Unpublished]
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Before SMITH, SHEPHERD, and GRASZ, Circuit Judges.
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PER CURIAM.
Davontae Alexander appeals the sentence imposed by the district court1 after
he pleaded guilty to a drug offense pursuant to a written plea agreement containing
1The Honorable Daniel M. Traynor, United States District Judge for the District
of North Dakota.

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an appeal waiver. His counsel has moved to withdraw and has filed a brief under
Anders v. California, 386 U.S. 738 (1967), challenging the reasonableness of the
sentence.
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) (de novo review of the validity and applicability of an appeal waiver); 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).
Having independently reviewed the record pursuant to Penson v. Ohio, 488
U.S. 75 (1988), we find no non-frivolous issues for appeal outside the scope of the
appeal waiver. Accordingly, we grant counsel leave to withdraw and dismiss the
appeal.
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