United States of America v. Peter William Ihnken

United States Court of Appeals
For the Eighth Circuit
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No. 18-3335
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Peter William Ihnken
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the District of North Dakota - Fargo
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Submitted: September 5, 2019
Filed: September 10, 2019
[Unpublished]
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Before BENTON, SHEPHERD, and KELLY, Circuit Judges.
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PER CURIAM.
Peter Ihnken appeals his conviction and the sentence the district court imposed1
after he pleaded guilty to a felon-in-possession offense, pursuant to a plea agreement
The Honorable James M. Moody, Jr., United States District Judge for the1
Eastern District of Arkansas, sitting by designation in the District of North Dakota.

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containing a partial appeal waiver. His counsel has moved for leave to withdraw, and
has filed a brief under Anders v. California, 386 U.S. 738 (1967), raising issues
regarding whether Ihnken’s prior felony convictions prohibited him from possessing
firearms or ammunition; whether his sentence should have been enhanced under the
Armed Career Criminal Act; and whether he was misled, at the change-of-plea
hearing, into believing he would receive a shorter prison term. We conclude that the
appeal waiver is valid and enforceable, and that it applies to the issues counsel raises
on appeal. 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, 890-91 (8th Cir. 2003) (en banc) (appeal waiver will be enforced if appeal
falls within scope of waiver, defendant knowingly and voluntarily entered into plea
agreement and waiver, and enforcing waiver would not result in miscarriage of
justice).
Having reviewed the record pursuant to 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, and we grant counsel leave to withdraw.
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