Filed: Sep. 10, 2018
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 17-2637 _ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Derrick Jermain Brown lllllllllllllllllllll Defendant - Appellant _ Appeal from United States District Court for the Northern District of Iowa - Dubuque _ Submitted: August 29, 2018 Filed: September 10, 2018 [Unpublished] _ Before BENTON, SHEPHERD, and STRAS, Circuit Judges. _ PER CURIAM. Derrick Brown directly appeals the within-Guidelines-range sentence t
Summary: United States Court of Appeals For the Eighth Circuit _ No. 17-2637 _ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Derrick Jermain Brown lllllllllllllllllllll Defendant - Appellant _ Appeal from United States District Court for the Northern District of Iowa - Dubuque _ Submitted: August 29, 2018 Filed: September 10, 2018 [Unpublished] _ Before BENTON, SHEPHERD, and STRAS, Circuit Judges. _ PER CURIAM. Derrick Brown directly appeals the within-Guidelines-range sentence th..
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United States Court of Appeals
For the Eighth Circuit
___________________________
No. 17-2637
___________________________
United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Derrick Jermain Brown
lllllllllllllllllllll Defendant - Appellant
____________
Appeal from United States District Court
for the Northern District of Iowa - Dubuque
____________
Submitted: August 29, 2018
Filed: September 10, 2018
[Unpublished]
____________
Before BENTON, SHEPHERD, and STRAS, Circuit Judges.
____________
PER CURIAM.
Derrick Brown directly appeals the within-Guidelines-range sentence the
district court1 imposed after he pled guilty to a drug offense, pursuant to a plea
1
The Honorable Leonard T. Strand, Chief Judge for the Northern District of
Iowa.
agreement containing an appeal waiver. His counsel has moved for leave to withdraw
and filed a brief under Anders v. California,
386 U.S. 738 (1967), acknowledging the
appeal waiver and arguing that the district court imposed a substantively
unreasonable sentence.
We conclude that the appeal waiver is enforceable. See United States v. Scott,
627 F.3d 702, 704 (8th Cir. 2010) (validity and applicability of appeal waiver is
reviewed de novo). The record shows that Brown entered into the plea agreement and
the appeal waiver knowingly and voluntarily, the arguments on appeal fall within the
scope of the waiver, and no miscarriage of justice would result from enforcing the
waiver. See United States v. Andis,
333 F.3d 886, 889-92 (8th Cir. 2003) (en banc).
Further, 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 request to withdraw, and we dismiss this
appeal.
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