United States v. Justina Costa

United States Court of Appeals

For the Eighth Circuit ___________________________ No. 24-2126 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Justina Lynn Costa, also known as Justina Snow lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the District of South Dakota - Central ____________ Submitted: December 23, 2024 Filed: December 30, 2024 [Unpublished] ____________

Before LOKEN, SHEPHERD, and STRAS, Circuit Judges.

____________ PER CURIAM.

Justina Costa appeals the district court’s1 denial of her motion to suppress evidence after she pleaded guilty to a drug offense pursuant to a plea agreement containing an appeal waiver. Her counsel has moved to withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967).

Upon careful review, we conclude that Ms. Costa’s valid and unconditional guilty plea foreclosed any challenge to the denial of the suppression motion, a non- jurisdictional issue. See United States v. Limley, 510 F.3d 825, 827 (8th Cir. 2007). 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 outside the scope of the appeal waiver. Accordingly, we grant counsel’s motion to withdraw and we dismiss the appeal.

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