United States Court of Appeals For the Eighth Circuit ___________________________ No. 22-1274 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Jason Patrick Baca lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the District of South Dakota - Western ____________ Submitted: August 31, 2022 Filed: September 6, 2022 [Unpublished] ____________ Before SHEPHERD, MELLOY, and STRAS, Circuit Judges. ____________ 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. ______________________________ -2- 22-1274 Court of Appeals for the Eighth Circuit ca8 8th Cir. United States v. Jason Baca 6 September 2022 Unpublished 96953637c30e2e2b538e95bf1180777432dca665
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