United States v. Jason Olsson, No. 16-3776 (8th Cir. 2017)
Annotate this CaseCourt Description: Per Curiam - Before Gruender, Arnold and Benton, Circuit Judges] Criminal case - Criminal law. Anders case. Defendant's plea agreement contained a valid appeal waiver, and this appeal is dismissed. Home | Contact Us | Employment | Glossary of Legal Terms | Site Map | RSS Privacy Policy|BrowseAloud
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-3776 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Jason Jonathan Olsson lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Joplin ____________ Submitted: April 26, 2017 Filed: May 1, 2017 [Unpublished] ____________ Before GRUENDER, ARNOLD, and BENTON, Circuit Judges. ____________ PER CURIAM. Jason Olsson directly appeals the sentence the district court1 imposed after he pled guilty to conspiracy to commit a drug offense, pursuant to a plea agreement that 1 The Honorable M. Douglas Harpool, United States District Judge for the Western District of Missouri. contained an appeal waiver. His counsel has moved for leave to withdraw and has filed a brief under Anders v. California, 386 U.S. 38 (1967), questioning the reasonableness of Olsson’s sentence. Upon careful review, we conclude that the appeal waiver is enforceable and applicable to the issue raised in this appeal. 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, 889-92 (8th Cir. 2003) (en banc) (appeal waiver will be enforced if appeal falls within scope of waiver, defendant knowingly and voluntarily entered into plea agreement and waiver, and enforcing waiver would not result in miscarriage of justice). In addition, we have independently reviewed the record, pursuant to Penson v. Ohio, 488 U.S. 75 (1988), and have found no non-frivolous issues for appeal outside the scope of the waiver. Accordingly, we dismiss this appeal, and we grant counsel’s motion for leave to withdraw. ______________________________ -2-
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