United States of America v. Patrick Oterigho Isiakpere, Jr.

United States Court of Appeals
For the Eighth Circuit
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No. 23-3652
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Patrick Oterigho Isiakpere, Jr.
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the District of Minnesota
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Submitted: June 11, 2024
Filed: June 14, 2024
[Unpublished]
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Before LOKEN, GRUENDER, and STRAS, Circuit Judges.
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PER CURIAM.
Patrick Isiakpere appeals the sentence the district court1 imposed after he
pleaded guilty to firearm and drug offenses pursuant to a written plea agreement
1The Honorable Eric C. Tostrud, United States District Judge for the District
of Minnesota.

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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 substantive
reasonableness of the sentence.
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) (stating that this court reviews de novo the validity and applicability of an
appeal waiver); United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en
banc) (stating that an 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).
Having independently 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 grant counsel leave to
withdraw.
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