United States v. Jason Baca

United States Court of Appeals
For the Eighth Circuit
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No. 22-1274
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Jason Patrick Baca
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the District of South Dakota - Western
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Submitted: August 31, 2022
Filed: September 6, 2022
[Unpublished]
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Before SHEPHERD, MELLOY, and STRAS, Circuit Judges.
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PER CURIAM.
Jason Baca appeals the sentence imposed by the district court1 after he pleaded
guilty to suborning perjury and conspiring to suborn perjury, pursuant to a plea
1
The Honorable Karen E. Schreier, United States District Judge for the District
of South Dakota.
agreement containing an appeal waiver. His counsel has moved for leave to
withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967),
challenging the sentence calculation.
Upon careful review, we conclude that the appeal waiver is valid, enforceable,
and applicable to the issue raised in this appeal. See United States v. Scott, 627 F.3d
702, 704 (8th Cir. 2010) (validity and applicability of an appeal waiver is reviewed
de novo); United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc)
(appeal waiver will be enforced if the appeal falls within the scope of the waiver, 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 under Penson v. Ohio, 488 U.S. 75 (1988), and
have found no non-frivolous issues for appeal falling outside the scope of the waiver.
Accordingly, we dismiss this appeal based on the appeal waiver, and we grant
counsel’s motion to withdraw.
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