United States v. Villalobos-Delgado
Opinion
Daniel Villalobos-Delgado appeals the 120-month prison sentence the district court * imposed after Villalobos-Delgado pleaded guilty to a drug-conspiracy charge. On appeal, 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), in which counsel raises a challenge to the sentence imposed.
The sentencing challenge fails, because in his plea agreement Villalobos-Delgado specifically agreed to receive a sentence of 120 months imprisonment. See United States v. Nguyen, 46 F.3d 781, 783 (8th Cir. 1995) (defendant who explicitly and voluntarily exposes himself to specific sentence may not challenge that punishment on appeal).
We have carefully reviewed the record in accordance with Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), and have found no nonfrivolous issues. Accordingly, we affirm the district court’s judgment, and we grant counsel leave to withdraw.
The Honorable Laurie Smith Camp, United States District Judge for the District of Nebraska.
Reference
- Full Case Name
- UNITED STATES of America, Appellee, v. Daniel VILLALOBOS-DELGADO, Appellant
- Status
- Unpublished