UNITED STATES v. CASON (2021)

[Unpublished]

Michael Cason appeals after he pleaded guilty to a sex offense and the district court ¹ sentenced him pursuant to a binding plea agreement. His counsel has moved to withdraw and has filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), relaying that Cason contends the district court lacked jurisdiction over him because of his sovereign citizen status.

After careful review, we conclude that Cason's argument fails because the district court had jurisdiction over violations of federal law. See 18 U.S.C. § 3231 (stating that district courts have original jurisdiction, exclusive of state courts, of all offenses against the laws of the United States); United States v. Hayes, 574 F.3d 460, 471-72 (8th Cir. 2009) (stating that because the indictment sufficiently alleged a violation of the laws of the United States, the district court had jurisdiction). Furthermore, having independently reviewed the record under Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no nonfrivolous issues for appeal. Accordingly, we grant counsel's motion and affirm.

FOOTNOTES

1.   The Honorable Beth Phillips, Chief Judge, United States District Court for the Western District of Missouri.

PER CURIAM.