United States v. John Paciorek, II, No. 22-1663 (8th Cir. 2022)
Annotate this CaseCourt Description: [Per Curiam - Before Loken, Grasz, and Kobes, Circuit Judge] Criminal case - Criminal law. Defendant's appeal waiver is valid, enforceable, and applicable to the issues raised in the appeal, and the appeal is dismissed.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 22-1663 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. John Thomas Paciorek, II, also known as John Thomas Paciorek lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the District of Minnesota ____________ Submitted: August 31, 2022 Filed: September 6, 2022 [Unpublished] ____________ Before LOKEN, GRASZ, and KOBES, Circuit Judges. ____________ PER CURIAM. John Paciorek appeals the sentence imposed by the district court1 after he pleaded guilty to armed robbery, pursuant to a plea agreement that includes an appeal 1 The Honorable Eric C. Tostrud, United States District Judge for the District of Minnesota. waiver. His counsel has moved to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967). Upon careful review, we conclude that the appeal waiver is valid, enforceable, and applicable to the sentencing issue raised in this appeal. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010); United States v. Andis, 333 F.3d 886, 88992 (8th Cir. 2003) (en banc). We have also independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), and have found no non-frivolous issues for appeal outside the scope of the appeal waiver. Accordingly, we grant counsel’s motion to withdraw, and we dismiss the appeal. ______________________________ -2-
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