United States v. Matthew Casa

Filing

PER CURIAM OPINION FILED - THE COURT: Duane Benton, Pasco M. Bowman and Jane Kelly (UNPUBLISHED); Granting [4316468-2] motion to withdraw as counsel filed by Ms. Ann M. Koszuth. [4364057] [15-2753]

United States Court of Appeals
For the Eighth Circuit
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No. 15-2753
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Matthew Paul Casas
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - Joplin
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Submitted: February 3, 2016
Filed: February 5, 2016
[Unpublished]
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Before BENTON, BOWMAN, and KELLY, Circuit Judges.
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PER CURIAM.
Matthew Paul Casas directly appeals the sentence imposed by the district court1
after he pled guilty to distributing and possessing child pornography. His counsel has
1

The Honorable Stephen R. Bough, United States District Judge for the
Western District of Missouri.

Appellate Case: 15-2753

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Date Filed: 02/05/2016 Entry ID: 4364057

moved to withdraw and filed a brief under Anders v. California, 386 U.S. 738 (1967),
arguing that the sentence was unreasonable. Having jurisdiction under 28 U.S.C.
§ 1291, this court dismisses the appeal.
Casas’s appeal waiver should be enforced and prevents consideration of his
claim. 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,
889-90 (8th Cir. 2003) (en banc) (court should enforce appeal waiver and dismiss
appeal where it falls within scope of waiver, plea agreement and waiver were entered
into knowingly and voluntarily, and no miscarriage of justice would result). An
independent review of the record under Penson v. Ohio, 488 U.S. 75 (1988), reveals
no nonfrivolous issues for appeal.
The appeal is dismissed and counsel’s motion to withdraw is granted.
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Appellate Case: 15-2753

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Date Filed: 02/05/2016 Entry ID: 4364057