*1 Before SMITH, BOWMAN, and BENTON, Circuit Judges.

____________

PER CURIAM.

*2 Aaron Storm appeals after he pleaded guilty to child-pornography and attempted-kidnapping charges, under a written plea agreement containing an appeal waiver, and the District Court imposed the agreed-upon sentence. At his sentencing ^[1]

hearing, Storm moved pro se to withdraw his guilty plea, and the court denied his motion. On appeal, Storm’s counsel has moved for leave to withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the denial of Storm’s motion to withdraw his plea. Storm has not filed a pro se brief.

We conclude that the appeal waiver is enforceable and applicable to the issue raised in this appeal, based in part on Storm’s own statements at his change-of-plea hearing. 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.) (en banc) (discussing enforcement of appeal waivers), cert. denied, 540 U.S. 997 (2003); see also Nguyen v. United States, 114 F.3d 699, 703 (8th Cir. 1997) (noting that a defendant’s representations made during a plea hearing are presumed to be true).

We have independently reviewed the record under Penson v. Ohio, 488 U.S. 75, 80 (1988), and have found no non-frivolous issues for appeal outside the scope of the waiver. Accordingly, we grant counsel’s motion, and we dismiss this appeal.

______________________________

[1] The Honorable John A. Jarvey, Chief Judge, United States District Court for the Southern District of Iowa. -2-