United States v. Robert Baber
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Submitted: May 20, 2025 Filed: May 23, 2025 [Unpublished] ____________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- Unpublished