United States Court of Appeals
For the Eighth Circuit
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No. 17-2720
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Nicholas D. Bass
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - Kansas City
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Submitted: May 16, 2018
Filed: May 24, 2018
[Unpublished]
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Before LOKEN, COLLOTON, and ERICKSON, Circuit Judges.
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PER CURIAM.
Nicholas Bass directly appeals after pleading guilty in the district court1 to a
drug offense, pursuant to a written plea agreement containing an appeal waiver. Bass
1
The Honorable Brian C. Wimes, United States District Judge for the Western
District of Missouri.
filed a pro se notice of appeal, in which he argued that counsel may have been
ineffective. His counsel has moved to withdraw and has submitted a brief under
Anders v. California, 386 U.S. 738 (1967), arguing that the district court erred by
failing to sua sponte suppress evidence obtained during the execution of a search
warrant of Bass’s residence; and for failing to sustain his objection to the
drug-premises enhancement.
We conclude that the appeal waiver is enforceable, because our review of the
record demonstrates that Bass entered into the plea agreement and the appeal waiver
knowingly and voluntarily, see Nguyen v. United States, 114 F.3d 699, 703 (8th Cir.
1997); the arguments fall within the scope of the waiver; and no miscarriage of justice
would result from enforcing the waiver, see United States v. Scott, 627 F.3d 702, 704
(8th Cir. 2010) (de novo review); United States v. Andis, 333 F.3d 886, 890-92 (8th
Cir. 2003) (en banc). To the extent Bass is attempting to raise an ineffective-
assistance claim, we decline to address the claim on direct appeal, as it would be better
litigated in a 28 U.S.C. § 2255 proceeding. See United States v. Ramirez-Hernandez,
449 F.3d 824, 826-27 (8th Cir. 2006). Furthermore, we have 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 waiver.
Accordingly, we grant counsel’s motion to withdraw, decline to address any
ineffective-assistance claim, and dismiss this appeal.
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