United States v. Rafael Rosales-Martinez

U.S. Court of Appeals for the Eighth Circuit
United States v. Rafael Rosales-Martinez, 256 F. App'x 875 (8th Cir. 2007)

United States v. Rafael Rosales-Martinez

Opinion

PER CURIAM.

Rafael Rosales-Martinez pleaded guilty to unlawful reentry following removal, in violation of 8 U.S.C. § 1326(a), (b)(2), and conspiracy to distribute cocaine, in violation of 21 U.S.C. § 846. The district court 1 sentenced him as a career offender to 170 months in prison and 3 years of supervised release. On appeal, Rosales-Martinez’s 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), which questions whether the district court erred in sentencing Rosales-Martinez as a career offender.

The plea agreement, however, contains a waiver of Rosales-Martinez’s right to appeal his sentence, and we will enforce that appeal waiver here. The record reflects that Rosales-Martinez understood and voluntarily accepted the terms of the plea agreement, including the appeal waiver; the appeal falls within the scope of the waiver; and no injustice would result. See United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc) (court should enforce appeal waiver and dismiss appeal where both plea agreement and waiver were entered into knowingly and voluntarily, appeal falls within scope of waiver, and no miscarriage of justice would result); see also United States v. Estrada-Bahena, 201 F.3d 1070, 1071 (8th Cir. 2000) (per curiam) (enforcing appeal waiver in Anders case).

Having reviewed the record under Penson v. Ohio, 488 U.S. 75, 80, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find that there are no nonfrivolous issues not covered by the appeal waiver. Accordingly, we dismiss the appeal, and we grant counsel’s motion to withdraw.

1

. The Honorable Richard E. Dorr, United States District Judge for the Western District of Missouri.

Reference

Full Case Name
UNITED STATES of America, Appellee, v. Rafael ROSALES-MARTINEZ, Appellant
Status
Unpublished