United States v. Victoria Sharp, No. 18-3590 (8th Cir. 2019)
Annotate this CaseCourt Description: Per Curiam - Before Loken, Gruender and Shepherd, Circuit Judges] Criminal case - Criminal law. Anders case. Defendant's appeal waiver is valid, enforceable and applicable to the issue she raises in the appeal, and the appeal is dismissed.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 18-3590 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Victoria Christine Sharp lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Jefferson City ____________ Submitted: April 10, 2019 Filed: April 16, 2019 [Unpublished] ____________ Before LOKEN, GRUENDER, and SHEPHERD, Circuit Judges. ____________ PER CURIAM. Victoria Sharp directly appeals after she pleaded guilty to bank fraud, under a plea agreement containing an appeal waiver, and the district court1 sentenced her to 1 The Honorable Brian C. Wimes, United States District Judge for the Western District of Missouri. a below-Guidelines prison term. Her counsel has moved for leave to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the sentence. Upon careful review, 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) (validity and applicability of an appeal waiver is reviewed de novo); United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc) (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 the waiver, and enforcing the waiver would not result in a 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 waiver. Accordingly, we dismiss this appeal based on the appeal waiver, and we grant counsel’s motion to withdraw. ______________________________ -2-
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