United States Court of Appeals
For the Eighth Circuit
United States of America
lllllllllllllllllllllPlaintiff - Appellee
Jarrod Terrell Kent
lllllllllllllllllllllDefendant - Appellant
Appeal from United States District Court
for the Southern District of Iowa - Davenport
Submitted: October 9, 2020
Filed: October 15, 2020
Before BENTON, WOLLMAN, and SHEPHERD, Circuit Judges.
Jarrod Kent appeals after he pleaded guilty to a drug offense and the district
court imposed a sentence consistent with his binding Federal Rule of Criminal
The Honorable Stephanie M. Rose, United States District Judge for the
Southern District of Iowa.
Procedure 11(c)(1)(C) plea agreement, which contained an appeal waiver. His
counsel has moved for leave to withdraw, and has filed a brief under Anders v.
386 U.S. 738
(1967), arguing the sentence is unreasonable.
Upon careful review, we conclude that the appeal waiver is valid, enforceable,
and applicable to the issue raised in this appeal. See United States v. Scott,
627 F.3d 702
, 704 (8th Cir. 2010) (validity and applicability of an appeal waiver is reviewed
de novo); United States v. Andis,
333 F.3d 886
, 889-92 (8th Cir. 2003) (en banc)
(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). We have also
independently reviewed the record under Penson v. Ohio,
488 U.S. 75
have found no non-frivolous issues for appeal falling outside the scope of the waiver.
Accordingly, we dismiss this appeal based on the appeal waiver, and we grant
counsel’s motion to withdraw.