United States of America v. Jacob Alan Sanders

United States Court of Appeals
For the Eighth Circuit
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No. 23-1609
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United States of America,
lllllllllllllllllllllPlaintiff - Appellee,
v.
Jacob Alan Sanders,
lllllllllllllllllllllDefendant - Appellant.
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Appeal from United States District Court
for the Western District of Missouri - Springfield
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Submitted: November 16, 2023
Filed: November 30, 2023
[Unpublished]
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Before COLLOTON, SHEPHERD, and KOBES, Circuit Judges.
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PER CURIAM.
Jacob Sanders appeals a sentence imposed by the district court1 after Sanders
pleaded guilty to attempted possession of child pornography involving a prepubescent
1The Honorable Stephen R. Bough, United States District Judge for the
Western District of Missouri.

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minor. See 18 U.S.C. § 2252(a)(4), (b)(2). His counsel has moved to withdraw and
has filed a brief under Anders v. California, 386 U.S. 738 (1967), questioning
whether the district court erred by applying USSG § 2G2.2(c)(1) and imposing an
unreasonable sentence.
A plea agreement signed by Sanders included a waiver of the right to appeal.
On de novo review, we will enforce the appeal waiver. Sanders knowingly and
voluntarily entered into the plea agreement; the issues raised fall within the scope of
the waiver; and no miscarriage of justice would result from enforcing the appeal
waiver. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010); United States
v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc). 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 waiver.
Accordingly, we dismiss this appeal based on the appeal waiver, and we grant
counsel’s motion to withdraw.
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