United States of America v. Connie L. Harvey

United States Court of Appeals
For the Eighth Circuit
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No. 25-1288
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Connie L. Harvey
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: October 17, 2025
Filed: October 24, 2025
[Unpublished]
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Before SHEPHERD, KELLY, and GRASZ, Circuit Judges.
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PER CURIAM.
Connie Harvey appeals the sentence the district court1 imposed after she
pleaded guilty to a drug offense pursuant to a written plea agreement containing an
1The Honorable David Gregory Kays, United States District Judge for the
Western District of Missouri.

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appeal waiver. Her counsel has moved to withdraw, and has filed a brief under
Anders v. California, 386 U.S. 738 (1967), challenging the procedural and
substantive reasonableness of the sentence.
Upon careful review, we conclude 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 validity and applicability of appeal
waiver); United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc)
(appeal waiver will be enforced if appeal falls within scope of waiver, defendant
knowingly and voluntarily entered into plea agreement and waiver, and enforcing
waiver would not result in miscarriage of justice).
Having independently reviewed the record under 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’s motion to withdraw and dismiss the appeal.
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