United States v. Edward Penn, No. 16-2173 (8th Cir. 2017)
Annotate this CaseCourt Description: Per Curiam - Before Shepherd, Arnold and Kelly, Circuit Judges] Criminal case - Sentencing. Anders case. Defendant waived his right of appeal as part of his plea agreement, and the appeal is dismissed. [ January 04, 2017
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-2173 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Edward Penn lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Springfield ____________ Submitted: December 27, 2016 Filed: January 5, 2017 [Unpublished] ____________ Before SHEPHERD, ARNOLD, and KELLY, Circuit Judges. ____________ PER CURIAM. After pleading guilty to sexually exploiting a minor, Edward Penn appeals the district court’s1 sentence. His counsel has moved to withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967). We conclude that Penn’s appeal waiver should be enforced and prevents consideration of his claim. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (de novo review of validity and applicability of appeal waiver); United States v. Andis, 333 F.3d 886, 889-90 (8th Cir. 2003) (en banc) (court should enforce appeal waiver and dismiss appeal where it falls within scope of waiver, plea agreement and waiver were entered into knowingly and voluntarily, and no miscarriage of justice would result). Having independently reviewed the record pursuant to Penson v. Ohio, 488 U.S. 75 (1988), we find no non-frivolous issues for appeal. Accordingly, we dismiss the appeal and grant counsel’s motion to withdraw. ______________________________ 1 The Honorable M. Douglas Harpool, United States District Judge for the Western District of Missouri. -2-
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