Filed: Sep. 22, 2020
Latest Update: Sep. 22, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 20-1467 _ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Kelly Shayne Mason, also known as Kelly Shane Mason lllllllllllllllllllllDefendant - Appellant _ Appeal from United States District Court for the District of North Dakota - Eastern _ Submitted: September 17, 2020 Filed: September 22, 2020 [Unpublished] _ Before COLLOTON, BENTON, and KOBES, Circuit Judges. _ PER CURIAM. Kelly Shayne Mason appeals the sentence
Summary: United States Court of Appeals For the Eighth Circuit _ No. 20-1467 _ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Kelly Shayne Mason, also known as Kelly Shane Mason lllllllllllllllllllllDefendant - Appellant _ Appeal from United States District Court for the District of North Dakota - Eastern _ Submitted: September 17, 2020 Filed: September 22, 2020 [Unpublished] _ Before COLLOTON, BENTON, and KOBES, Circuit Judges. _ PER CURIAM. Kelly Shayne Mason appeals the sentence ..
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United States Court of Appeals
For the Eighth Circuit
___________________________
No. 20-1467
___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Kelly Shayne Mason, also known as Kelly Shane Mason
lllllllllllllllllllllDefendant - Appellant
____________
Appeal from United States District Court
for the District of North Dakota - Eastern
____________
Submitted: September 17, 2020
Filed: September 22, 2020
[Unpublished]
____________
Before COLLOTON, BENTON, and KOBES, Circuit Judges.
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PER CURIAM.
Kelly Shayne Mason appeals the sentence the district court1 imposed after he
pled guilty, pursuant to a plea agreement containing an appeal waiver, to aggravated
1
The Honorable Daniel L. Hovland, United States District Judge for the District
of North Dakota.
sexual abuse of a child. Having jurisdiction under 28 U.S.C. § 1291, this court
dismisses the appeal based on the appeal waiver.
Counsel has moved for leave to withdraw and has filed a brief under Anders
v. California,
386 U.S. 738 (1967), acknowledging the appeal waiver, but challenging
the sentence as unreasonable. This court concludes that the appeal waiver is
enforceable, because counsel’s argument falls within the scope of the appeal waiver.
The record shows that Mason entered into the plea agreement and the appeal waiver
knowingly and voluntarily, 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, 889-92 (8th Cir. 2003) (en banc)
(appeal waiver will be enforced if appeal falls within scope of waiver, defendant
knowingly and voluntarily entered into waiver and plea agreement, and enforcing
waiver would not result in miscarriage of justice); see also 18 U.S.C. § 2241(c)
(maximum sentence is life).
This court has reviewed the record independently under Penson v. Ohio,
488
U.S. 75 (1988), and has found no non-frivolous issues outside the scope of the appeal
waiver.
The appeal is dismissed. Counsel’s motion to withdraw is granted.
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