United States v. Curtis Baldwin, No. 21-3152 (8th Cir. 2021)
Annotate this CaseCourt Description: [Per Curiam - Before Loken, Shepherd, and Stras, Circuit Judges] Criminal case - Criminal law. Defendant's appeal waiver was valid, enforceable, and applicable to the sentencing issue raised on appeal, and the appeal is dismissed. [ December 23, 2021 ]
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 21-3152 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Curtis J. Baldwin, also known as Curtis Baldwin lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Springfield ____________ Submitted: December 23, 2021 Filed: December 27, 2021 [Unpublished] ____________ Before LOKEN, SHEPHERD, and STRAS, Circuit Judges. ____________ PER CURIAM. Curtis Baldwin appeals the sentence the district court1 imposed after he pleaded guilty to child pornography charges under a plea agreement containing an appeal 1 The Honorable Stephen R. Bough, 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 reasonableness of Baldwin’s sentence. Upon careful review, we conclude 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) (standard of review); United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc). We have also 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 waiver. Accordingly, we dismiss this appeal based on the appeal waiver, and we grant counsel’s motion to withdraw. ______________________________ -2-
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