United States v. Jason Clark, No. 17-3026 (8th Cir. 2018)
Annotate this CaseCourt Description: Per Curiam - Before Colloton, Bowman and Shepherd, Circuit Judges] Criminal case - Criminal law. Anders case. Defendant's appeal waiver was valid, enforceable and applicable, and the appeal is dismissed. [ April 27, 2018
Download PDF
United States Court of Appeals For the Eighth Circuit ___________________________ No. 17-3026 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Jason L. Clark lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Kansas City ____________ Submitted: April 17, 2018 Filed: April 30, 2018 [Unpublished] ____________ Before COLLOTON, BOWMAN, and SHEPHERD, Circuit Judges. ____________ PER CURIAM. Jason Clark directly appeals the below-Guidelines sentence the district court1 imposed after he pled guilty--pursuant to a plea agreement containing an appeal 1 The Honorable Gary A. Fenner, United States District Judge for the Western District of Missouri. waiver--to drug and firearm offenses. His counsel has moved for leave to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the substantive reasonableness of Clark’s sentence, and arguing that the district court should have departed further downward from the calculated Guidelines range. We conclude that the appeal waiver is enforceable. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (validity and applicability of appeal waiver is reviewed de novo). The record shows that Clark entered into the plea agreement and the appeal waiver knowingly and voluntarily, the arguments on appeal fall within the scope of the waiver, and no miscarriage of justice would result from enforcing the waiver. See United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc). Finally, having independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), we find no non-frivolous issues for appeal outside the scope of the waiver. Accordingly, we grant counsel’s motion to withdraw, and we dismiss this appeal. ______________________________ -2-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
