United States of America v. Jayden Kusiek Wolf

United States Court of Appeals
For the Eighth Circuit
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No. 24-1540
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Jayden Kusiek Wolf
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the District of South Dakota - Southern
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Submitted: January 13, 2025
Filed: January 16, 2025
[Unpublished]
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Before SMITH, GRUENDER, SHEPHERD, Circuit Judges.
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PER CURIAM.
Jayden Kuseik Wolf appeals the sentence the district court1 imposed after he
pleaded guilty to production of child pornography pursuant to a plea agreement
1The Honorable Karen E. Schreier, United States District Judge for the District
of South Dakota.

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containing an appeal waiver. His counsel has moved to withdraw and has filed a brief
under Anders v. California, 386 U.S. 738 (1967), challenging the substantive
reasonableness of the sentence.
We conclude that the appeal waiver is valid, enforceable, and applicable to the
argument raised in this appeal. See United States v. Scott, 627 F.3d 702, 704 (8th Cir.
2010) (reviewing de novo the validity and applicability of an appeal waiver); United
States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc) (stating that an appeal
waiver will be enforced if 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).
Having independently reviewed the record pursuant to Penson v. Ohio, 488
U.S. 75 (1988), we find no non-frivolous issues for appeal outside the scope of the
appeal waiver. Accordingly, we grant counsel leave to withdraw and dismiss this
appeal.
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