United States of America v. Jimmy Lee Ly, True Name Jim Lee Ly

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 12-2049
___________________________
United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Jimmy Lee Ly,
True Name Jim Lee Ly
lllllllllllllllllllll Defendant - Appellant
____________
Appeal from United States District Court
for the District of Minnesota - St. Paul
____________
Submitted: October 5, 2012
Filed: October 12, 2012
[Unpublished]
____________
Before LOKEN, BOWMAN, and COLLOTON, Circuit Judges.
____________
PER CURIAM.

-- 1 of 2 --

Jimmy Lee Ly appeals from the sentence the District Court imposed after Ly1
pleaded guilty to a drug offense. His counsel has moved to withdraw and has filed
a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the sentence is
substantively unreasonable.
We note that the written plea agreement contained an appeal waiver, and we
conclude that the waiver is enforceable. See United States v. Jennings, 662 F.3d 988,
990 (8th Cir. 2011) (noting that an appeal waiver is generally enforceable if the
appeal falls within the scope of the waiver, both the waiver and the plea agreement
were entered into knowingly and voluntarily, and enforcement of the waiver would
not result in a miscarriage of justice), cert. denied, 132 S. Ct. 2407 (2012). We have
independently reviewed the record in accordance with Penson v. Ohio, 488 U.S. 75,
80 (1988), and we have found no non-frivolous issues.
Accordingly, we dismiss the appeal, and we grant counsel’s motion to
withdraw.
______________________________
The Honorable Ann D. Montgomery, United States District Judge for the1
District of Minnesota.
-2-

-- 2 of 2 --