U.S. Court of Appeals for the Eighth Circuit, 2023

United States v. Jacob Sanders

United States v. Jacob Sanders
U.S. Court of Appeals for the Eighth Circuit · Decided November 30, 2023

United States v. Jacob Sanders

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________ No. 23-1609 ___________________________ United States of America, lllllllllllllllllllllPlaintiff - Appellee, v. Jacob Alan Sanders, lllllllllllllllllllllDefendant - Appellant. ____________ Appeal from United States District Court for the Western District of Missouri - Springfield ____________ Submitted: November 16, 2023 Filed: November 30, 2023 [Unpublished] ____________ Before COLLOTON, SHEPHERD, and KOBES, Circuit Judges. ____________ PER CURIAM.

Jacob Sanders appeals a sentence imposed by the district court1 after Sanders pleaded guilty to attempted possession of child pornography involving a prepubescent The Honorable Stephen R. Bough, United States District Judge for the Western District of Missouri. minor. See 18 U.S.C. § 2252(a)(4), (b)(2). His counsel has moved to withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967), questioning whether the district court erred by applying USSG § 2G2.2(c)(1) and imposing an unreasonable sentence.

A plea agreement signed by Sanders included a waiver of the right to appeal.

On de novo review, we will enforce the appeal waiver. Sanders knowingly and voluntarily entered into the plea agreement; the issues raised fall within the scope of the waiver; and no miscarriage of justice would result from enforcing the appeal waiver. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010); United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc). We have also independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), and have found no non-frivolous issues for appeal falling outside the scope of the waiver.

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

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