Opinion
No. 20-2349
01-22-2021
United States of America Plaintiff - Appellee v. Victor M. De Santiago Defendant - Appellant
Appeal from United States District Court for the Western District of Missouri - Joplin [Unpublished] Before COLLOTON, GRUENDER, and SHEPHERD, Circuit Judges. PER CURIAM.
Victor De Santiago appeals the sentence the district court imposed after he pleaded guilty to drug offenses, pursuant to a plea agreement containing an appeal waiver. His counsel has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the reasonableness of the sentence, and has moved to withdraw.
The Honorable M. Douglas Harpool, United States District Judge for the Western District of Missouri.
We conclude that the appeal waiver is valid, enforceable, and applicable to the issues raised in this appeal. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (stating that this court reviews 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 nonfrivolous issues for appeal outside the scope of the appeal waiver. Accordingly, we grant counsel's motion to withdraw, and we dismiss the appeal.