United States of America v. Joshua George Powell, Sr.

United States Court of Appeals
For the Eighth Circuit
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No. 23-2456
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Joshua George Powell, Sr.
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Southern District of Iowa
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Submitted: November 7, 2023
Filed: November 29, 2023
[Unpublished]
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Before ERICKSON, GRASZ, and KOBES, Circuit Judges.
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PER CURIAM.
Joshua Powell appeals the sentence the district court1 imposed after he pled
guilty to a drug offense. The plea came pursuant to a plea agreement in which Powell
1The Honorable Stephen H. Locher, United States District Judge for the
Southern District of Iowa.

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waived his right to an appeal. His counsel has moved for leave to withdraw and filed
a brief under Anders v. California, 386 U.S. 738 (1967), challenging the substantive
reasonableness of the sentence.
Upon careful review, we conclude the appeal 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) (reviewing validity and applicability of appeal waiver de novo);
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 plea agreement and waiver, and it would not result in
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 appeal waiver. Accordingly, we dismiss the
appeal based on the appeal waiver and grant counsel’s motion to withdraw.
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