UNITED STATES of America, Appellee, v. Khounxai PHIMVONGSA, Appellant, 166 F. App'x 259

[UNPUBLISHED] PER CURIAM. Khounxai Phimvongsa pleaded guilty to being a felon and an unlawful user of controlled substances in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1) and (g)(3), and possessing marijuana with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). The district court sentenced him to 46 months in prison and 3 years of supervised release. On appeal, Phimvongsa’s counsel has moved to withdraw and filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Phimvongsa’s plea agreement contains a valid appeal waiver. See United States v.

Andis, 333 F.3d 886, 889-90 (8th Cir.) (en banc), cert. denied, 540 U.S. 997, 124 S.Ct. 501, 157 L.Ed.2d 398 (2003). Having reviewed the record independently pursuant to Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), for any non-frivolous issues not covered by the appeal waiver, we enforce the waiver, dismiss this appeal, and grant counsel’s motion to withdraw. . The Honorable Gary A. Fenner, United States District Judge for the Western District of Missouri.