Filed: May 24, 2019
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 18-3141 _ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Carson Arcia lllllllllllllllllllllDefendant - Appellant _ Appeal from United States District Court for the Eastern District of Arkansas - Little Rock _ Submitted: May 21, 2019 Filed: May 24, 2019 [Unpublished] _ Before ERICKSON, WOLLMAN, and GRASZ, Circuit Judges. _ PER CURIAM. Carson Arcia directly appeals after he pled guilty to production of child pornogr
Summary: United States Court of Appeals For the Eighth Circuit _ No. 18-3141 _ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Carson Arcia lllllllllllllllllllllDefendant - Appellant _ Appeal from United States District Court for the Eastern District of Arkansas - Little Rock _ Submitted: May 21, 2019 Filed: May 24, 2019 [Unpublished] _ Before ERICKSON, WOLLMAN, and GRASZ, Circuit Judges. _ PER CURIAM. Carson Arcia directly appeals after he pled guilty to production of child pornogra..
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United States Court of Appeals
For the Eighth Circuit
___________________________
No. 18-3141
___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Carson Arcia
lllllllllllllllllllllDefendant - Appellant
____________
Appeal from United States District Court
for the Eastern District of Arkansas - Little Rock
____________
Submitted: May 21, 2019
Filed: May 24, 2019
[Unpublished]
____________
Before ERICKSON, WOLLMAN, and GRASZ, Circuit Judges.
____________
PER CURIAM.
Carson Arcia directly appeals after he pled guilty to production of child
pornography, under a plea agreement containing an appeal waiver, and the district
court1 sentenced him to a prison term below the calculated Guidelines range. His
counsel has moved to withdraw and has filed a brief under Anders v. California,
386
U.S. 738 (1967), challenging the reasonableness of Arcia’s sentence. The
government has filed a motion to dismiss the appeal based on the appeal waiver.
Upon careful de novo review, we conclude that the appeal waiver is valid,
enforceable, and applicable to this appeal. See United States v. Scott,
627 F.3d 702,
704 (8th Cir. 2010) (de novo review of validity and applicability of appeal waiver);
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 plea agreement and waiver, and enforcing waiver would not
result in miscarriage of justice). We have also independently reviewed the record
under Penson v. Ohio,
488 U.S. 75 (1988), and there are no non-frivolous issues for
appeal outside the scope of the appeal waiver. Accordingly, we grant the
government’s motion, dismiss this appeal based on the appeal waiver, and grant
counsel leave to withdraw.
______________________________
1
The Honorable D.P. Marshall Jr., United States District Judge for the Eastern
District of Arkansas.
-2-