United States v. Mark King, No. 20-2343 (8th Cir. 2021)
Annotate this CaseCourt Description: [Per Curiam - Before Loken, Benton, and Erickson, Circuit Judges] Criminal case - Criminal law. Anders case. The appeal waiver in defendant's guilty plea is valid, enforceable and applicable to the issue raised, and the appeal is dismissed. [ January 22, 2021 ]
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 20-2343 ___________________________ United States of America Plaintiff - Appellee v. Mark H. King Defendant - Appellant ____________ Appeal from United States District Court for the District of Nebraska - Omaha ____________ Submitted: January 20, 2021 Filed: January 25, 2021 [Unpublished] ____________ Before LOKEN, BENTON, and ERICKSON, Circuit Judges. ____________ PER CURIAM. Mark H. King appeals after he pled guilty to a sex offense pursuant to a binding plea agreement containing an appeal waiver. Having jurisdiction under 28 U.S.C. § 1291, this court dismisses the appeal. The district court1 imposed a sentence consistent with the plea agreement. King’s counsel has moved for leave to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), contending that the appeal waiver was not knowing and voluntary, and arguing that the sentence is substantively unreasonable. This court concludes that the appeal waiver is valid, enforceable, and applicable to the issue raised in this appeal. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (validity and applicability of an 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 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). This court has also independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), and has found no non-frivolous issues for appeal falling outside the scope of the waiver. The appeal is dismissed, and counsel’s motion to withdraw is granted. ______________________________ 1 The Honorable Robert F. Rossiter, Jr., United States District Judge for the District of Nebraska. -2-
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