United States of America v. Nathaniel Curtis George

23-1365Court of Appeals for the Eighth CircuitMar 31, 2025

Full text

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 24-2891
___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Nathaniel Curtis George
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Eastern District of Missouri - St. Louis
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Submitted: March 4, 2025
Filed: March 7, 2025
[Unpublished]
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Before GRUENDER, KELLY, STRAS, Circuit Judges.
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PER CURIAM.
Nathaniel George appeals the sentence the district court1 imposed after he
pleaded guilty to receipt of child pornography pursuant to a plea agreement
1The Honorable Matthew T. Schelp, United States District Judge for the
Eastern District of Missouri.

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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 sentence as
substantively unreasonable.
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) (reviewing 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 waiver, and
enforcing the waiver would not result in a miscarriage of justice).
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 grant counsel leave to withdraw and dismiss the appeal.
______________________________
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