United States of America v. Cedric A. Lovejoy

United States Court of Appeals
For the Eighth Circuit
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No. 15-2935
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Cedric A. Lovejoy
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - Springfield
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Submitted: March 10, 2016
Filed: March 15, 2016
[Unpublished]
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Before WOLLMAN, BOWMAN, and MURPHY, Circuit Judges.
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PER CURIAM.
Cedric A. Lovejoy directly appeals the sentence imposed by the district court1
after he pleaded guilty to sexual exploitation of a child. His counsel has moved to
The Honorable M. Douglas Harpool, United States District Judge for the1
Western District of Missouri.

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withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967),
arguing that the sentence was unreasonable. We conclude that Lovejoy’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 under Penson v. Ohio, 488 U.S. 75 (1988), we find
no nonfrivolous issues for appeal.
According, we dismiss the appeal and we grant counsel’s motion to withdraw.
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