U.S. Court of Appeals for the Eighth Circuit, 2017

United States v. Edward Penn

United States v. Edward Penn
U.S. Court of Appeals for the Eighth Circuit · Decided January 5, 2017 · Shepherd, Arnold, Kelly
672 F. App'x 624

United States v. Edward Penn

Opinion

PER CURIAM.

After pleading guilty to sexually exploiting a minor, Edward Penn appeals the district court’s 1 sentence. 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).

We conclude that Penn’s appeal waiver should be enforced and prevents consider *625 ation of his claim. Seé 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 pursuant to Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no non-frivolous issues for appeal.

Accordingly, we dismiss the appeal and grant counsel’s motion to withdraw.

1

. The Honorable M. Douglas Harpool, United States District Judge for the Western District of Missouri.

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