United States v. Jason Olsson

U.S. Court of Appeals for the Eighth Circuit
United States v. Jason Olsson, 684 F. App'x 590 (8th Cir. 2017)
Gruender, Arnold, Benton

United States v. Jason Olsson

Opinion

PER CURIAM.

Jason Olsson directly appeals the sentence the district court 1 imposed after he *591 pled guilty to conspiracy to commit a drug offense, pursuant to a plea agreement that contained an appeal waiver. His counsel has moved for leave to withdraw and has filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), questioning the reasonableness of Olsson’s sentence.

Upon careful review, we conclude that the appeal waiver is enforceable and applicable to the issue raised in this appeal. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (de novo review of validity and applicability of appeal waiver); 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 plea agreement and waiver, and enforcing waiver would not result in miscarriage of justice). In addition, we have independently reviewed the record, pursuant to Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), and have found no non-frivolous issues for appeal outside the scope of the waiver. Accordingly, we dismiss this appeal, and we grant counsel’s motion for leave to withdraw.

1

. The Honorable M. Douglas Harpool, United States District Judge for the Western District of Missouri.

Reference

Full Case Name
UNITED STATES of America Plaintiff-Appellee v. Jason Jonathan OLSSON Defendant-Appellant
Status
Unpublished