United States v. Jarrod Kent, No. 19-3616 (8th Cir. 2020)

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Court Description: [Per Curiam - Before Benton, Wollman and Shepherd, Circuit Judges] Criminal case - Criminal law. Anders case. Defendant's appeal waiver is valid, enforceable and applicable to the issue raised in the appeal, and the appeal is dismissed.

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 19-3616 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Jarrod Terrell Kent lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Southern District of Iowa - Davenport ____________ Submitted: October 9, 2020 Filed: October 15, 2020 [Unpublished] ____________ Before BENTON, WOLLMAN, and SHEPHERD, Circuit Judges. ____________ PER CURIAM. Jarrod Kent appeals after he pleaded guilty to a drug offense and the district court imposed a sentence consistent with his binding Federal Rule of Criminal 1 1 The Honorable Stephanie M. Rose, United States District Judge for the Southern District of Iowa. Procedure 11(c)(1)(C) plea agreement, which contained an appeal waiver. His counsel has moved for leave to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing the sentence is unreasonable. 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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