United States of America v. Edward Penn

United States Court of Appeals
For the Eighth Circuit
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No. 16-2173
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Edward Penn
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - Springfield
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Submitted: December 27, 2016
Filed: January 5, 2017
[Unpublished]
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Before SHEPHERD, ARNOLD, and KELLY, Circuit Judges.
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PER CURIAM.

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After pleading guilty to sexually exploiting a minor, Edward Penn appeals the
district court’s sentence. His counsel has moved to withdraw and has filed a brief1
under Anders v. California, 386 U.S. 738 (1967).
We conclude that Penn’s appeal waiver should be enforced and prevents
consideration of his claim. See United States v. Scott, 627 F.3d 702, 704 (8th Cir.
2010) (de novo review of validity and applicability of appeal waiver); United States
v. Andis, 333 F.3d 886, 889-90 (8th Cir. 2003) (en banc) (court should enforce appeal
waiver and dismiss appeal where it falls within scope of waiver, plea agreement and
waiver were entered into knowingly and voluntarily, and no miscarriage of justice
would result). Having independently reviewed the record pursuant to Penson v. Ohio,
488 U.S. 75 (1988), we find no non-frivolous issues for appeal.
Accordingly, we dismiss the appeal and grant counsel’s motion to withdraw.
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The Honorable M. Douglas Harpool, United States District Judge for the1
Western District of Missouri.
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