United States of America v. Matthew Nicholas Gikas

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 15-1606
___________________________
United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Matthew Nicholas Gikas
lllllllllllllllllllll Defendant - Appellant
____________
Appeal from United States District Court
for the District of Minnesota - St. Paul
____________
Submitted: October 26, 2015
Filed: October 29, 2015
[Unpublished]
____________
Before LOKEN, BOWMAN, and MURPHY, Circuit Judges.
____________
PER CURIAM.
Matthew Gikas directly appeals the sentence imposed by the district court after1
he pleaded guilty to making and subscribing a false tax return. His counsel has
The Honorable Ann D. Montgomery, United States District Judge for the1
District of Minnesota.

-- 1 of 2 --

moved to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738
(1967), arguing that the sentence was unreasonable. Gikas has submitted a pro se
brief in which he argues that his sentence was disproportionate to that of his co-
defendants and that prosecutors lied to the Grand Jury and prosecuted him for
impermissible reasons. We conclude that Gikas’s appeal waiver should be enforced
and prevents consideration of his claims. 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). Having independently reviewed the record
pursuant to Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues for
appeal.
Accordingly, we affirm the judgment of the district court, and we grant
counsel’s motion to withdraw.
______________________________
-2-

-- 2 of 2 --