United States v. Joshua Walker, No. 20-1490 (8th Cir. 2020)
Annotate this CaseCourt Description: [Per Curiam - Before Loken, Wollman and Kobes, Circuit Judges] Criminal case - Criminal law. Anders case. The issues in the appeal are within the scope of defendant's knowing and voluntary appeal waiver, and the appeal is dismissed.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 20-1490 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Joshua Walker lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Kansas City ____________ Submitted: December 09, 2020 Filed: December 14, 2020 [Unpublished] ____________ Before LOKEN, WOLLMAN, and KOBES, Circuit Judges. ____________ PER CURIAM. Joshua Walker appeals after he pleaded guilty, under a plea agreement containing an appeal waiver, to conspiring to transport stolen vehicles and felon-in-possession charges, and the district court1 imposed a within-Guidelines sentence. His counsel has moved for leave to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the sentence as an abuse of discretion and as substantively unreasonable. We will enforce the appeal waiver in this case because Walker entered into the plea agreement and the appeal waiver knowingly and voluntarily, his arguments fall within the scope of the appeal waiver, and no miscarriage of justice would result from enforcing the waiver. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (standard of review); United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc) (discussing enforcement of appeal waivers). 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 falling outside the scope of the appeal waiver. Accordingly, we dismiss this appeal based on the appeal waiver, and we grant counsel leave to withdraw. ______________________________ 1 The Honorable Howard F. Sachs, United States District Judge for the Western District of Missouri. -2-
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