United States Court of Appeals For the Eighth Circuit ___________________________

No. 17-3074 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Luis Manuel Ortiz, also known as Silent

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the District of Nebraska - Lincoln ____________

Submitted: May 21, 2018 Filed: June 13, 2018 [Unpublished] ____________

Before LOKEN, COLLOTON, and ERICKSON, Circuit Judges. ____________

PER CURIAM.

Luis Ortiz directly appeals the sentence the district court1 imposed after he pled guilty, pursuant to a plea agreement containing an appeal waiver, to a drug charge.

1 The Honorable Richard G. Kopf, United States District Judge for the District of Nebraska. Ortiz’s counsel has moved to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the sentence was substantively unreasonable.

Upon careful review, we conclude that the appeal waiver is valid, applicable, and enforceable. 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, 889-92 (8th Cir. 2003) (en banc) (appeal waiver will be enforced if appeal falls within scope of waiver, defendant knowingly and voluntarily entered into plea agreement and waiver, and enforcing waiver would not result in miscarriage of justice). Having independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues for appeal falling outside the scope of the appeal waiver.

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

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