United States of America v. Jeremy Edward Nebeker

United States Court of Appeals
For the Eighth Circuit
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No. 12-2279
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Jeremy Edward Nebeker
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - Springfield
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Submitted: November 27, 2012
Filed: December 3, 2012
[Unpublished]
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Before MURPHY, ARNOLD, and SMITH, Circuit Judges.
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PER CURIAM.
Jeremy Edward Nebeker directly appeals after he pled guilty to attempting to
receive child pornography in violation of 18 U.S.C. § 2252(a)(2) and (b)(1), and the

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district court sentenced him to 135 months in prison and a lifetime of supervised1
release. Nebeker’s counsel has moved to withdraw, and has filed a brief under
Anders v. California, 386 U.S. 738 (1967), arguing that the sentence is unreasonable.
Nebeker pled guilty pursuant to a written plea agreement. The plea agreement
contained an appeal waiver that included within its scope challenges to the sentence
based on unreasonableness. We conclude that the appeal waiver is enforceable. See
United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc) (appeal
waiver is generally enforceable if appeal falls within scope of waiver, both waiver
and plea agreement were entered into knowingly and voluntarily, and enforcement
of waiver would not result in miscarriage of justice). In addition, we have reviewed
the record independently pursuant to Penson v. Ohio, 488 U.S. 75 (1988), and we
have found no nonfrivolous issue for appeal.
Accordingly, we dismiss the appeal based on the appeal waiver, and we grant
counsel’s motion to withdraw, subject to counsel informing appellant about
procedures for seeking rehearing or filing a petition for certiorari.
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The Honorable Richard E. Dorr, United States District Judge for the Western1
District of Missouri.
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