United States of America v. John Thomas Paciorek, II, also known as John Thomas Paciorek

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 22-1663
___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
John Thomas Paciorek, II, also known as John Thomas Paciorek
lllllllllllllllllllllDefendant - Appellant
____________
Appeal from United States District Court
for the District of Minnesota
____________
Submitted: August 31, 2022
Filed: September 6, 2022
[Unpublished]
____________
Before LOKEN, GRASZ, and KOBES, Circuit Judges.
____________
PER CURIAM.
John Paciorek appeals the sentence imposed by the district court1 after he
pleaded guilty to armed robbery, pursuant to a plea agreement that includes an appeal
1The Honorable Eric C. Tostrud, United States District Judge for the District
of Minnesota.

-- 1 of 2 --

waiver. His counsel has moved to withdraw, and has filed a brief under Anders v.
California, 386 U.S. 738 (1967).
Upon careful review, we conclude that the appeal waiver is valid, enforceable,
and applicable to the sentencing issue raised in this appeal. See United States v.
Scott, 627 F.3d 702, 704 (8th Cir. 2010); United States v. Andis, 333 F.3d 886, 889-
92 (8th Cir. 2003) (en banc). 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 outside the scope of the appeal waiver. Accordingly, we grant counsel’s
motion to withdraw, and we dismiss the appeal.
______________________________
-2-

-- 2 of 2 --