United States v. Jason Kirtley

United States Court of Appeals For the Eighth Circuit ___________________________ No. 18-1900 ___________________________ United States of America, lllllllllllllllllllllPlaintiff - Appellee, v. Jason Lee Kirtley, lllllllllllllllllllllDefendant - Appellant. ____________ Appeal from United States District Court for the Western District of Missouri - St. Joseph ____________ Submitted: April 25, 2019 Filed: May 3, 2019 [Unpublished] ____________ Before COLLOTON, WOLLMAN, and KELLY, Circuit Judges. ____________ PER CURIAM. Jason Kirtley directly appeals the sentence the district court1 imposed after he pleaded guilty to a drug offense, pursuant to plea agreement containing an appeal 1 The Honorable Greg Kays, United States District Judge for the Western District of Missouri. waiver. His counsel has moved to withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the sentence as substantively unreasonable. Kirtley has moved for appointment of new counsel. We will enforce the appeal waiver in this case because Kirtley entered into the plea agreement and the appeal waiver knowingly and voluntarily, his challenge to the sentence falls within the scope of the appeal 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); United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc). Further, 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 appeal waiver. Accordingly, we grant counsel’s motion to withdraw, deny as moot Kirtley’s pending motion, and dismiss this appeal. ______________________________ -2-