United States v. Nathaniel George

U.S. Court of Appeals for the Eighth Circuit

United States v. Nathaniel George

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 24-2891 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Nathaniel Curtis George

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________

Submitted: March 4, 2025 Filed: March 7, 2025 [Unpublished] ____________

Before GRUENDER, KELLY, STRAS, Circuit Judges. ____________

PER CURIAM.

Nathaniel George appeals the sentence the district court1 imposed after he pleaded guilty to receipt of child pornography pursuant to a plea agreement

1 The Honorable Matthew T. Schelp, United States District Judge for the Eastern District of Missouri. containing an appeal waiver. His counsel has moved to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the sentence as substantively unreasonable.

We conclude that 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 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 waiver, and enforcing the waiver would not result in a miscarriage of justice).

Having independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), we find no non-frivolous issues for appeal outside the scope of the appeal waiver. Accordingly, we grant counsel leave to withdraw and dismiss the appeal. ______________________________

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Reference

Status
Unpublished