United States v. Cedric Lovejoy
Opinion
Cedric A. Lovejoy directly appeals the sentence imposed by the district court 1 after he pleaded guilty to sexual exploitation of a child. His counsel has moved to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), arguing that *553 the sentence was unreasonable. We conclude that Lovejoy’s appeal waiver should be enforced and prevents consideration of his claim. 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, 889-90 (8th Cir. 2003) (en banc) (court should enforce appeal waiver and dismiss appeal where it falls within scope of waiver, plea agreement and waiver were entered into knowingly and voluntarily, and no miscarriage of justice would result). Having independently reviewed the record under Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no nonfrivolous issues for appeal.
According, we dismiss the appeal and we grant counsel’s motion to withdraw.
. The Honorable M. Douglas Harpool, United States District Judge for the Western District of Missouri.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff-Appellee v. Cedric A. LOVEJOY, Defendant-Appellant
- Status
- Unpublished