United States v. Aaron Olson

United States Court of Appeals For the Eighth Circuit ___________________________ No. 24-1466 ___________________________ United States of America Plaintiff - Appellee v. Aaron Olson Defendant - Appellant ____________ Appeal from United States District Court for the Northern District of Iowa - Eastern ____________ Submitted: July 23, 2024 Filed: July 26, 2024 [Unpublished] ____________ Before KELLY, GRASZ, and STRAS, Circuit Judges. ____________ PER CURIAM.

When Aaron Olson pleaded guilty to child-pornography charges, see 18 U.S.C. § 2252A(a)(5)(B), (b)(2), he expressly waived his right to receive a sentence reduction. See id. § 3582(c)(2). Several years later, the district court1 raised the issue on its own and denied relief. His counsel, who seeks to withdraw, suggests that Olson was eligible for one.

We conclude that the plea agreement forecloses the argument. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (reviewing the validity of a waiver de novo); United States v. Andis, 333 F.3d 886, 889–90 (8th Cir. 2003) (en banc) (explaining that defendants can waive additional statutory rights when they plead guilty if “each term of [the] agreement” is “entered into knowingly and voluntarily”).

The district court could not have erred by denying a right that Olson had already “intentional[ly] relinquish[ed].” United States v. Olano, 507 U.S. 725, 733 (1993) (citation omitted). We accordingly dismiss the appeal and grant counsel permission to withdraw. ______________________________