Filed: Aug. 28, 2020
Latest Update: Aug. 28, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 19-2977 _ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Marcus L. Wilkins lllllllllllllllllllllDefendant - Appellant _ Appeal from United States District Court for the Western District of Missouri - Kansas City _ Submitted: August 26, 2020 Filed: August 28, 2020 [Unpublished] _ Before COLLOTON, WOLLMAN, and BENTON, Circuit Judges. _ PER CURIAM. Marcus L. Wilkins appeals the sentence the district court1 imposed af
Summary: United States Court of Appeals For the Eighth Circuit _ No. 19-2977 _ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Marcus L. Wilkins lllllllllllllllllllllDefendant - Appellant _ Appeal from United States District Court for the Western District of Missouri - Kansas City _ Submitted: August 26, 2020 Filed: August 28, 2020 [Unpublished] _ Before COLLOTON, WOLLMAN, and BENTON, Circuit Judges. _ PER CURIAM. Marcus L. Wilkins appeals the sentence the district court1 imposed aft..
More
United States Court of Appeals
For the Eighth Circuit
___________________________
No. 19-2977
___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Marcus L. Wilkins
lllllllllllllllllllllDefendant - Appellant
____________
Appeal from United States District Court
for the Western District of Missouri - Kansas City
____________
Submitted: August 26, 2020
Filed: August 28, 2020
[Unpublished]
____________
Before COLLOTON, WOLLMAN, and BENTON, Circuit Judges.
____________
PER CURIAM.
Marcus L. Wilkins appeals the sentence the district court1 imposed after he pled
guilty to drug and firearm offenses, pursuant to a plea agreement containing an appeal
1
The Honorable Gary A. Fenner, United States District Judge for the Western
District of Missouri.
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. Having
jurisdiction under 28 U.S.C. § 1291, this court dismisses the appeal based on the
appeal waiver.
This court concludes 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). This court has
also independently reviewed the record under Penson v. Ohio,
488 U.S. 75 (1988),
and has found no non-frivolous issues for appeal falling outside the scope of the
waiver.
The appeal is dismissed, and counsel’s motion to withdraw is granted.
______________________________
-2-