United States v. Terry Jacobs, No. 19-3311 (8th Cir. 2020)
Annotate this CaseCourt Description: [Per Curiam - Before Erickson, Wollman and Stras, Circuit Judges] Criminal case - Criminal law. Anders case. Defendant's appeal waivers were valid and applicable, and the appeals are dismissed. [ June 08, 2020 ]
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 19-3311 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Terry Douglas Jacobs lllllllllllllllllllllDefendant - Appellant ___________________________ No. 19-3312 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Terry Douglas Jacobs lllllllllllllllllllllDefendant - Appellant ____________ Appeals from United States District Court for the Western District of Missouri - Kansas City ____________ Submitted: June 4, 2020 Filed: June 9, 2020 [Unpublished] ____________ Before ERICKSON, WOLLMAN, and STRAS, Circuit Judges. ____________ PER CURIAM. Terry Jacobs pleaded guilty, in two separate cases, to Hobbs Act robbery, armed bank robbery, and brandishing a firearm during and in relation to a crime of violence. See 18 U.S.C. §§ 924(c)(1)(A)(ii), 1951(a), 2113(a), (d). The plea agreements in both cases waived his right to appeal his sentence unless, as relevant here, it exceeded the statutory maximum. The district court 1 consolidated the cases and gave him a 194-month sentence, less than the statutory maximum. See id. In an Anders brief, Jacobs’s counsel raises the substantive reasonableness of the sentence as a potential issue on appeal and requests permission to withdraw. See Anders v. California, 386 U.S. 738 (1967). We review the validity and applicability of an appeal waiver de novo. See United States v. Scott, 627 F.3d 702, 704 (8th Cir 2010). Upon careful review, we conclude that the waivers in these cases are both applicable and enforceable. See United States v. Andis, 333 F.3d 886, 889–92 (8th Cir. 2003) (en banc) (explaining that an appeal waiver will be enforced if the appeal falls within the scope of the waiver, the defendant knowingly and voluntarily entered into the plea agreement and the waiver, and enforcing the waiver would not result in a miscarriage of justice). We have also independently reviewed the record and conclude that no other nonfrivolous issues exist. See Penson v. Ohio, 488 U.S. 75 (1988). Accordingly, we dismiss both appeals and grant counsel permission to withdraw. ______________________________ 1 The Honorable Howard F. Sachs, United States District Judge for the Western District of Missouri. -2-
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