United States v. Chad Weis

U.S. Court of Appeals for the Eighth Circuit

United States v. Chad Weis

Opinion

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Submitted: May 21, 2020 Filed: May 27, 2020 [Unpublished] ____________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. ______________________________

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Reference

Status
Unpublished