United States v. Amina Hayes
Opinion
Amina Y. Hayes was charged with conspiring to distribute 50 grams or more of cocaine base, in violation of 18 U.S.C. § 2 and 21 U.S.C. §§ 841(b)(1), 846. Hayes pleaded guilty in accord with a written plea agreement, broadly waiving the right to appeal her conviction and sentence. Hayes now appeals, arguing that the district court 1 imposed an unreasonable 135-month sentence. Counsel filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and moved to withdraw. The issue raised on appeal falls within the scope of Hayes’s appeal waiver, the plea agreement and waiver were knowing and voluntary, and *679 no miscarriage of justice results from our decision to enforce the waiver. See United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc). We have independently reviewed the record under Penson v. Ohio, 488 U.S. 75, 80, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), and found no nonfrivo-lous issue. Accordingly, we dismiss the appeal and grant counsel leave to withdraw conditioned on counsel advising Ms. Hayes of the applicable rehearing and cer-tiorari procedures.
. The Honorable Richard G. Kopf, United States District Judge for the District of Nebraska.
Reference
- Full Case Name
- UNITED STATES of America, Appellee, v. Amina Y. HAYES, Also Known as Mimi, Appellant
- Status
- Unpublished