Opinion
No. 15-2163
12-21-2015
United States of America Plaintiff - Appellee v. Morgan Littleton Defendant - Appellant
Appeal from United States District Court for the Western District of Missouri - Kansas City [Unpublished] Before GRUENDER, BENTON, and KELLY, Circuit Judges. PER CURIAM.
Morgan Lee Littleton directly appeals the sentence imposed by the district court after he pled guilty to producing child pornography. His counsel has moved to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the sentence was unreasonable. Having jurisdiction under 28 U.S.C. § 1291, this court dismisses the appeal.
The Honorable Gary A. Fenner, United States District Judge for the Western District of Missouri. --------
Littleton'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). An independent review of the record under Penson v. Ohio, 488 U.S. 75 (1988), reveals no nonfrivolous issues for appeal.
The appeal is dismissed and counsel's motion to withdraw is granted.