United States Court of Appeals For the Eighth Circuit ___________________________

No. 20-2349 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Victor M. De Santiago

lllllllllllllllllllllDefendant - Appellant ____________

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

Submitted: January 15, 2021 Filed: January 22, 2021 [Unpublished] ____________

Before COLLOTON, GRUENDER, and SHEPHERD, Circuit Judges. ____________

PER CURIAM.

Victor De Santiago appeals the sentence the district court1 imposed after he pleaded guilty to drug offenses, pursuant to a plea agreement containing an appeal

1 The Honorable M. Douglas Harpool, United States District Judge for the Western District of Missouri. waiver. His counsel has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the reasonableness of the sentence, and has moved to withdraw.

We conclude that the appeal waiver is valid, enforceable, and applicable to the issues raised in this appeal. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (stating that this court reviews de novo the validity and applicability of an appeal waiver); United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc) (stating that an appeal waiver will be enforced if the appeal falls within the scope of the waiver, the defendant knowingly and voluntarily entered into the plea agreement and the waiver, and enforcing the waiver would not result in a miscarriage of justice).

Having independently reviewed the record pursuant to Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues for appeal outside the scope of the appeal waiver. Accordingly, we grant counsel’s motion to withdraw, and we dismiss the appeal. ______________________________

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