United States v. Angel Gabino-Gonzalez

U.S. Court of Appeals for the Eighth Circuit
United States v. Angel Gabino-Gonzalez, 638 F. App'x 561 (8th Cir. 2016)
Arnold, Gruender, Per Curiam, Shepherd

United States v. Angel Gabino-Gonzalez

Opinion

PER CURIAM.

Angel Gabino-Gonzalez directly appeals the sentence imposed by the district court 1 after he pled guilty to a drug offense, pursuant to a plea agreement containing an appeal waiver. 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), arguing that Gabino-Gonzalez’s sentence is unreasonable. After careful review, we enforce the appeal waiver. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (de novo review); United States v. Andis, 333 F.3d 886, 889-90 (8th Cir. 2003) (en banc) (appeal waiver will be enforced if appeal falls within scope of waiver, defendant knowingly and voluntarily entered into waiver and plea agreement, and enforcing waiver would not result in miscarriage of justice). 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 nonfrivo-lous issues for appeal.

Accordingly, we dismiss the appeal and grant counsel’s motion, to withdraw.

1

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

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee v. Angel GABINO-GONZALEZ, Defendant-Appellant
Status
Unpublished