United States v. Chad Weis, No. 19-3430 (8th Cir. 2020)
Annotate this CaseCourt Description: [Per Curiam - Before Colloton, Beam and Erickson, Circuit Judges] Criminal case - Sentencing. Defendant entered into an appeal waiver that is valid, enforceable and applicable to the issues he raises, and his appeal is dismissed.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 19-3430 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Chad R. Weis lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Springfield ____________ Submitted: May 21, 2020 Filed: May 27, 2020 [Unpublished] ____________ Before COLLOTON, BEAM, and ERICKSON, Circuit Judges. ____________ PER CURIAM. Chad Weis appeals the sentence the district court1 imposed after he pleaded guilty to drug and firearm charges pursuant to a plea agreement containing an appeal 1 The Honorable Roseann A. Ketchmark, 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). After careful de novo review, we conclude that the appeal waiver is valid, enforceable, and applicable to this appeal. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (validity and applicability of appeal waiver is reviewed de novo); 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 enforcement would not result in miscarriage of justice). Having independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues for appeal outside the scope of the appeal waiver. Accordingly, we dismiss this appeal, and we grant counsel’s motion to withdraw. ______________________________ -2-
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