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Court for the Northern District of Iowa - Eastern ____________ Submitted: September 12, 2024 Filed: September 20, 2024 [Unpublished] ____________ Before KELLY, GRASZ, and STRAS, Circuit Judges.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 he was eligible for one. Olson makes a similar point and challenges the waiver itself in a pro se brief.

We conclude that the plea agreement forecloses their arguments. 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. ______________________________