United States of America v. Michael Howard Collard

United States Court of Appeals
For the Eighth Circuit
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No. 25-1737
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United States of America
Plaintiff - Appellee
v.
Michael Howard Collard
Defendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - Springfield
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Submitted: October 31, 2025
Filed: November 5, 2025
[Unpublished]
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Before LOKEN, BENTON, and KOBES, Circuit Judges.
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PER CURIAM.
Michael Collard appeals the sentence the district court1 imposed after he pled
guilty to a child pornography offense pursuant to a plea agreement containing an
1 The Honorable Beth Phillips, Chief Judge, United States District Court for
the Western District of Missouri.

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appeal waiver. Having jurisdiction under 28 U.S.C. § 1291, this court dismisses the
appeal based on the appeal waiver.
Counsel moved for leave to withdraw and filed a brief under Anders v.
California, 386 U.S. 738 (1967), acknowledging the appeal waiver but challenging
the sentence as substantively unreasonable. Upon careful review, this court
concludes that the appeal waiver is enforceable, the issue identified by counsel falls
within the scope of the appeal waiver, the record shows that Collard entered into the
plea agreement and the appeal waiver knowingly and voluntarily, and no miscarriage
of justice would result from enforcing the waiver. See United States v. Scott, 627
F.3d 702, 704 (8th Cir. 2010) (de novo review); United States v. Andis, 333 F.3d
886, 889-92 (8th Cir. 2003) (en banc) (appeal waiver will be enforced if appeal falls
within scope of waiver, defendant knowingly and voluntarily entered into plea
agreement and waiver, and enforcing waiver would not result in miscarriage of
justice).
Having independently reviewed the record pursuant to Penson v. Ohio, 488
U.S. 75 (1988), this court finds no non-frivolous issues outside the scope of the
appeal waiver.
The appeal is dismissed, and counsel’s motion to withdraw is granted.
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