United States v. Mark Burdge ( 2021 )

United States Court of Appeals
For the Eighth Circuit
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No. 21-1765
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United States of America
Plaintiff - Appellee
v.
Mark E. Burdge
Defendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - Joplin
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Submitted: August 26, 2021
Filed: August 31, 2021
[Unpublished]
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Before BENTON, KELLY, and ERICKSON, Circuit Judges.
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PER CURIAM.
Mark Burdge appeals the sentence the district court 1 imposed after he pled
guilty to drug offenses and a firearm offense, pursuant to a plea agreement
1
The Honorable Stephen R. Bough, United States District Judge for the
Western District of Missouri.
containing an appeal waiver. Having jurisdiction under 28 U.S.C. § 1291, this court
dismisses the appeal based on the appeal waiver.
His counsel has filed a brief under Anders v. California, 386 U.S. 738 (1967)
and has moved to withdraw. This court concludes 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); 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 a miscarriage of justice).
Having independently reviewed the record pursuant to Penson v. Ohio, 488
U.S. 75 (1988), this court finds no nonfrivolous issues for appeal outside the scope
of the appeal waiver.
The appeal is dismissed, and counsel’s request to withdraw is granted.
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