United States v. Robert Baber

U.S. Court of Appeals for the Eighth Circuit

United States v. Robert Baber

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 24-3465 ___________________________

United States of America

Plaintiff - Appellee

v.

Robert John Michael Baber

Defendant - Appellant ____________

Appeal from United States District Court for the Western District of Missouri - Kansas City ____________

Submitted: May 20, 2025 Filed: May 23, 2025 [Unpublished] ____________

Before SMITH, GRASZ, and STRAS, Circuit Judges. ____________

PER CURIAM.

Robert Baber received a 180-month sentence after pleading guilty to being in a drug conspiracy. See 21 U.S.C. §§ 841(a)(1), (b)(1)(C), 846. An Anders brief suggests the district court 1 imposed a substantively unreasonable sentence. See Anders v. California, 386 U.S. 738 (1967).

Upon careful review, we conclude that an enforceable appeal waiver covers this issue. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (reviewing the validity of an appeal waiver de novo); United States v. Andis, 333 F.3d 886, 889– 92 (8th Cir. 2003) (en banc) (explaining that an appeal waiver will be enforced if the appeal falls within its scope, the defendant knowingly and voluntarily entered into the plea agreement and the waiver, and enforcing the waiver would not result in a miscarriage of justice). We have also independently reviewed the record and conclude that no other non-frivolous issues exist. See Penson v. Ohio, 488 U.S. 75, 82–83 (1988). We accordingly dismiss the appeal and grant counsel permission to withdraw. ______________________________

1 The Honorable Roseann A. Ketchmark, United States District Judge for the Western District of Missouri. -2-

Reference

Status
Unpublished