United States of America v. Glenda Suhr, also known as Glennda Suhr, also known as Glenda Currier, also known as…

United States Court of Appeals
For the Eighth Circuit
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No. 14-3842
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Glenda Suhr, also known as Glennda Suhr, also known as Glenda Currier, also
known as Deborah Halpin
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the District of South Dakota - Rapid City
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Submitted: July 15, 2015
Filed: July 21, 2015
[Unpublished]
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Before LOKEN, BOWMAN, and GRUENDER, Circuit Judges.
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PER CURIAM.

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Glenda Suhr appeals from the sentence imposed by the District Court after she1
pleaded guilty to access device fraud. Her counsel has moved to withdraw and has
filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the court
erred in its loss calculation and by assessing a criminal history point for a prior
conviction. We conclude that Suhr’s appeal waiver should be enforced and precludes
review of her sentence and restitution order. See United States v. Scott, 627 F.3d
702, 704 (8th Cir. 2010) (holding that the validity and applicability of an appeal
waiver is reviewed de novo); United States v. Lee, 502 F.3d 780, 780–81 (8th Cir.
2007) (concluding that an appeal waiver barred a challenge to a restitution order
because the defendant waived “all rights to appeal non-jurisdictional issues”); United
States v. Andis, 333 F.3d 886, 889–90 (8th Cir.) (en banc) (describing the
circumstances under which the appellate court should enforce an appeal waiver and
dismiss the appeal), cert. denied, 540 U.S. 997 (2003). We have reviewed the record
independently under Penson v. Ohio, 488 U.S. 75, 80 (1988), and we find no
nonfrivolous issues outside the scope of the waiver.
Accordingly, we dismiss the appeal and grant counsel’s motion to withdraw.
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The Honorable Jeffrey L. Viken, Chief Judge, United States District Court for1
the District of South Dakota.
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