United States of America v. November D. Gardner, also known as October, also known as Nuttie

United States Court of Appeals
For the Eighth Circuit
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No. 25-1539
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
November D. Gardner, also known as October, also known as Nuttie
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 7, 2025
Filed: October 10, 2025
[Unpublished]
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Before SMITH, GRUENDER, and STRAS, Circuit Judges.
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PER CURIAM.
November Gardner appeals the sentence imposed by the district court1 after he
pled guilty to drug conspiracy and firearm offenses pursuant to a plea agreement
1The Honorable David Gregory Kays, United States District Judge for the
Western District of Missouri.

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containing an appeal waiver. His counsel has moved to withdraw and has filed a brief
under Anders v. California, 386 U.S. 738 (1967), challenging enhancements included
in the calculation of his Guidelines imprisonment range, as well as the substantive
reasonableness of the sentence.
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 validity and applicability of appeal waiver); United States
v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc) (enforcing appeal waiver
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 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 this
appeal.
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