context: We conclude that the appeal waiver is enforceable, because our review of the record demonstrates that Davis entered into the plea agreement and the appeal waiver knowingly and voluntarily; the argument falls within the scope of the waiver; and no miscarriage of justice would result from enforcing the waiver.
citation_a.signal: see
citation_a.identifier: 627 F.3d 702, 704
citation_a.parenthetical: de novo review of validity and applicability of appeal waiver
citation_a.sentence: See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (de novo review of validity and applicability of appeal waiver); United States v. Andis, 333 F.3d 886, 890-92 (8th Cir. 2003) (en banc) (discussing enforcement of appeal waivers); see also Nguyen v. United States, 114 F.3d 699, 703 (8th Cir. 1997) (defendant’s statements made during plea hearing carry strong presumption of verity). Furthermore, we have independently reviewed the record under Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), and have found no non-frivolous issues for appeal outside the scope of the waiver.
citation_b.signal: see also
citation_b.parenthetical: defendant's statements made during plea hearing carry strong presumption of verity
citation_b.sentence: See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (de novo review of validity and applicability of appeal waiver); United States v. Andis, 333 F.3d 886, 890-92 (8th Cir. 2003) (en banc) (discussing enforcement of appeal waivers); see also Nguyen v. United States, 114 F.3d 699, 703 (8th Cir. 1997) (defendant’s statements made during plea hearing carry strong presumption of verity). Furthermore, we have independently reviewed the record under Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), and have found no non-frivolous issues for appeal outside the scope of the waiver.