United States v. Jason Davis, No. 18-1383 (8th Cir. 2019)
Annotate this CaseCourt Description: Per Curiam - Before Loken, Colloton and Kobes, Circuit Judges] Criminal case - Criminal law. Anders case. Defendant knowingly and voluntarily waived his right of appeal as part of his plea agreement, and his challenge to the reasonableness of his sentence is covered by the waiver; appeal dismissed.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 18-1383 ___________________________ United States of America, lllllllllllllllllllllPlaintiff - Appellee, v. Jason Daniel Davis, lllllllllllllllllllllDefendant - Appellant. ____________ Appeal from United States District Court for the Western District of Missouri - St. Joseph ____________ Submitted: February 19, 2019 Filed: February 26, 2019 [Unpublished] ____________ Before LOKEN, COLLOTON, and KOBES, Circuit Judges. ____________ PER CURIAM. Jason Davis directly appeals the sentence imposed by the district court1 after he pleaded guilty to a drug offense, pursuant to a plea agreement containing an appeal 1 The Honorable Greg Kays, United States District Judge for the Western District of Missouri. waiver. His counsel has moved to withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the sentence as substantively unreasonable. Davis requests appointment of new counsel. We will enforce the appeal waiver in this case because Davis entered into the appeal waiver knowingly and voluntarily, his challenge to the sentence falls within the scope of the appeal 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). Further, we have 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, deny as moot Davis’s request for appointment of new counsel, and dismiss this appeal. ______________________________ -2-
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