United States of America v. Jason Sejnoha

United States Court of Appeals
For the Eighth Circuit
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No. 23-2606
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Jason Sejnoha
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the District of South Dakota - Southern
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Submitted: December 29, 2023
Filed: January 5, 2024
[Unpublished]
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Before GRUENDER, ERICKSON, and STRAS, Circuit Judges.
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PER CURIAM.
Jason Sejnoha appeals the within-Guidelines-range sentence the district court1
imposed after he pleaded guilty to a child pornography offense pursuant to a written
1The Honorable Karen E. Schreier, United States District Judge for the District
of South Dakota.

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plea agreement 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.
Upon careful review, we conclude that the appeal waiver is valid, enforceable,
and applicable to the issues raised in this appeal. See United States v. Scott, 627 F.3d
702, 704 (8th Cir. 2010) (reviewing de novo validity and applicability of appeal
waiver); United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc)
(enforcing appeal waiver if appeal falls within scope of waiver, defendant knowingly
and voluntarily entered into waiver and plea agreement, and enforcing waiver would
not result in miscarriage of justice). Further, 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 dismiss this appeal based on the appeal waiver, and we grant
counsel’s motion to withdraw.
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