U.S. Court of Appeals for the Eighth Circuit, 2025

United States v. Nathaniel George

United States v. Nathaniel George
U.S. Court of Appeals for the Eighth Circuit · Decided March 7, 2025

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Court for the Eastern District of Missouri - St. Louis ____________ Submitted: March 4, 2025 Filed: March 7, 2025 [Unpublished] ____________ Before GRUENDER, KELLY, STRAS, Circuit Judges.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 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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