United States of America v. Robert Jene Smith

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 25-1003
___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Robert Jene Smith
lllllllllllllllllllllDefendant - Appellant
____________
Appeal from United States District Court
for the Northern District of Iowa - Central
____________
Submitted: July 22, 2025
Filed: July 25, 2025
[Unpublished]
____________
Before LOKEN, GRUENDER, and GRASZ, Circuit Judges.
____________
PER CURIAM.
Robert Smith appeals the sentence imposed by the district court1 after he
pleaded guilty to a child pornography offense, pursuant to a plea agreement
1The Honorable Leonard T. Strand, United States District Judge for the
Northern District of Iowa.

-- 1 of 2 --

containing an appeal waiver. His counsel has moved for leave to withdraw, and has
filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the
sentence. The government has moved to dismiss the appeal based on the appeal
waiver.
Upon careful review, we conclude that the appeal waiver is valid, enforceable,
and applicable to the issue raised in this appeal, as 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. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (standard of
review); 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 grant the government’s motion to dismiss this appeal
based on the appeal waiver, and grant counsel’s motion to withdraw.
______________________________
-2-

-- 2 of 2 --