United States Court of Appeals For the Eighth Circuit ___________________________ No. 23-3555 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Jeffrey Prowant, also known as Jeffery W. Prowant lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri ____________ Submitted: June 21, 2024 Filed: June 27, 2024 [Unpublished] ____________ Before BENTON, GRASZ, and STRAS, Circuit Judges. ____________ PER CURIAM.

Jeffrey Prowant appeals the sentence the district court1 imposed after he pled guilty to sexual exploitation of a child. The plea came pursuant to a plea agreement The Honorable Brian C. Wimes, United States District Judge for the Western District of Missouri. in which Prowant waived his right to an appeal. His counsel has moved for leave to withdraw and filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the substantive reasonableness of the sentence.

Upon careful review, we conclude the appeal waiver is valid, enforceable, and applicable to the issue raised in this appeal. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (reviewing validity and applicability of appeal waiver de novo); United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc) (enforcing appeal waiver if appeal falls within scope of waiver, defendant knowingly and voluntarily entered into plea agreement and waiver, and it would not result in miscarriage of justice). 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 appeal waiver. Accordingly, we dismiss the appeal based on the appeal waiver and grant counsel’s motion to withdraw. ______________________________

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