United States v. Braulio Arizmendiz-Contreras

U.S. Court of Appeals for the Eighth Circuit

United States v. Braulio Arizmendiz-Contreras

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 14-3749 ___________________________

United States of America

lllllllllllllllllllll Plaintiff - Appellee

v.

Braulio Arizmendiz-Contreras, also known as Carlos Arizmendiz-Salido, also known as Miguel Rivera

lllllllllllllllllllll Defendant - Appellant ____________

Appeal from United States District Court for the District of Nebraska - Omaha ____________

Submitted: May 6, 2015 Filed: May 12, 2015 [Unpublished] ____________

Before WOLLMAN, LOKEN, and BENTON, Circuit Judges. ____________

PER CURIAM. Braulio Arizmendiz-Contreras appeals the sentence the district court1 imposed after he pleaded guilty to an immigration offense. His counsel has moved for leave to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that Arizmendiz-Contreras’s sentence is unreasonable, and acknowledging an appeal waiver in Arizmendiz-Contreras’s plea agreement.

After careful de novo review, we enforce the appeal waiver. See United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc) (enforcement of appeal waivers); United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (standard of review). Having independently reviewed the record pursuant to Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues outside the scope of the appeal waiver. Accordingly, the appeal is dismissed, and we grant counsel’s motion for leave to withdraw. ______________________________

1 The Honorable Joseph F. Bataillon, United States District Judge for the District of Nebraska.

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Reference

Status
Unpublished