United States v. Kelly Mason, No. 20-1467 (8th Cir. 2020)
Annotate this CaseCourt Description: [Per Curiam - Before Colloton, Benton and Kobes, Circuit Judges] Criminal case - Criminal law. Anders case. Defendant's appeal waiver is enforceable and his appeal issues fall within the scope of the waiver; appeal dismissed. [ September 21, 2020 ]
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 20-1467 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Kelly Shayne Mason, also known as Kelly Shane Mason lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the District of North Dakota - Eastern ____________ Submitted: September 17, 2020 Filed: September 22, 2020 [Unpublished] ____________ Before COLLOTON, BENTON, and KOBES, Circuit Judges. ____________ PER CURIAM. Kelly Shayne Mason appeals the sentence the district court1 imposed after he pled guilty, pursuant to a plea agreement containing an appeal waiver, to aggravated 1 The Honorable Daniel L. Hovland, United States District Judge for the District of North Dakota. sexual abuse of a child. Having jurisdiction under 28 U.S.C. § 1291, this court dismisses the appeal based on the appeal waiver. Counsel has moved for leave to withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967), acknowledging the appeal waiver, but challenging the sentence as unreasonable. This court concludes that the appeal waiver is enforceable, because counsel’s argument falls within the scope of the appeal waiver. The record shows that Mason entered into the plea agreement and the appeal waiver knowingly and voluntarily, and no miscarriage of justice would result from enforcing the waiver. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (de novo review); 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 waiver and plea agreement, and enforcing waiver would not result in miscarriage of justice); see also 18 U.S.C. § 2241(c) (maximum sentence is life). This court has reviewed the record independently under Penson v. Ohio, 488 U.S. 75 (1988), and has found no non-frivolous issues outside the scope of the appeal waiver. The appeal is dismissed. Counsel’s motion to withdraw is granted. ______________________________ -2-
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