United States Court of Appeals For the Eighth Circuit ___________________________

No. 20-1524 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Angel N. Chavez-Soto

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the Western District of Missouri - Kansas City ____________

Submitted: November 9, 2020 Filed: November 13, 2020 [Unpublished] ____________

Before BENTON, KELLY, and GRASZ, Circuit Judges. ____________

PER CURIAM.

Angel Chavez-Soto appeals after he pleaded guilty to a drug offense, pursuant to a plea agreement containing an appeal waiver, and the district court1 sentenced him

1 The Honorable Stephen R. Bough, United States District Judge for the Western District of Missouri. to a prison term below the advisory Guidelines range. His counsel has moved for leave to withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the substantive reasonableness of his sentence.

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 waivers); United States v. Andis, 333 F.3d 886, 889–92 (8th Cir. 2003) (en banc) (appeal waiver should 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). Furthermore, we have independently reviewed the record pursuant to Penson v. Ohio, 488 U.S. 75 (1988), and have found no nonfrivolous issues for appeal outside the scope of the appeal waiver.

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

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