Filed: Jun. 19, 2015
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 14-3381 _ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Thomas Richard Jager lllllllllllllllllllll Defendant - Appellant _ Appeal from United States District Court for the Southern District of Iowa - Davenport _ Submitted: June 5, 2015 Filed: June 19, 2015 [Unpublished] _ Before SMITH, BOWMAN, and COLLOTON, Circuit Judges. _ PER CURIAM. Thomas Jager directly appeals the sentence that the district court1 imposed
Summary: United States Court of Appeals For the Eighth Circuit _ No. 14-3381 _ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Thomas Richard Jager lllllllllllllllllllll Defendant - Appellant _ Appeal from United States District Court for the Southern District of Iowa - Davenport _ Submitted: June 5, 2015 Filed: June 19, 2015 [Unpublished] _ Before SMITH, BOWMAN, and COLLOTON, Circuit Judges. _ PER CURIAM. Thomas Jager directly appeals the sentence that the district court1 imposed u..
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United States Court of Appeals
For the Eighth Circuit
___________________________
No. 14-3381
___________________________
United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Thomas Richard Jager
lllllllllllllllllllll Defendant - Appellant
____________
Appeal from United States District Court
for the Southern District of Iowa - Davenport
____________
Submitted: June 5, 2015
Filed: June 19, 2015
[Unpublished]
____________
Before SMITH, BOWMAN, and COLLOTON, Circuit Judges.
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PER CURIAM.
Thomas Jager directly appeals the sentence that the district court1 imposed
upon his guilty plea to fraud offenses. His counsel has moved to withdraw, and in a
1
The Honorable James E. Gritzner, United States District Judge for the
Southern District of Iowa.
brief filed under Anders v. California,
386 U.S. 738 (1967), he argues the sentence
is unreasonable. In a supplemental brief, Jager also argues that the sentence is
unreasonable, and challenges various Guidelines calculations.
We decline to review Jager’s challenges to the Guidelines calculations, because
his pre-sentencing stipulation to the Guidelines range, coupled with defense counsel’s
statement at sentencing that Jager had no objections to the presentence report’s facts
and Guidelines calculations, constituted withdrawal of his previous objections. See
United States v. Olano,
507 U.S. 725, 733 (1993) (waiver is intentional abandonment
of known right and results in issue being unreviewable on appeal). We conclude that
the sentence is not unreasonable. See United States v. Feemster,
572 F.3d 455, 461
(8th Cir. 2009) (en banc) (abuse-of-discretion review of sentence). Finally, upon
independently reviewing the record under Penson v. Ohio,
488 U.S. 75, 80 (1988),
we find no nonfrivolous issues.
Accordingly, we grant counsel’s motion to withdraw, and we affirm.
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