United States of America v. Robert John Michael Baber

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 24-3465
___________________________
United States of America
Plaintiff - Appellee
v.
Robert John Michael Baber
Defendant - Appellant
____________
Appeal from United States District Court
for the Western District of Missouri - Kansas City
____________
Submitted: May 20, 2025
Filed: May 23, 2025
[Unpublished]
____________
Before SMITH, GRASZ, and STRAS, Circuit Judges.
____________
PER CURIAM.
Robert Baber received a 180-month sentence after pleading guilty to being in
a drug conspiracy. See 21 U.S.C. §§ 841(a)(1), (b)(1)(C), 846. An Anders brief

-- 1 of 2 --

-2-
suggests the district court1 imposed a substantively unreasonable sentence. See
Anders v. California, 386 U.S. 738 (1967).
Upon careful review, we conclude that an enforceable appeal waiver covers
this issue. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (reviewing
the validity of an appeal waiver de novo); United States v. Andis, 333 F.3d 886, 889–
92 (8th Cir. 2003) (en banc) (explaining that an appeal waiver will be enforced if the
appeal falls within its scope, 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 and
conclude that no other non-frivolous issues exist. See Penson v. Ohio, 488 U.S. 75,
82–83 (1988). We accordingly dismiss the appeal and grant counsel permission to
withdraw.
______________________________
1 The Honorable Roseann A. Ketchmark, United States District Judge for the
Western District of Missouri.

-- 2 of 2 --