United States v. Juan Olivares

U.S. Court of Appeals for the Eighth Circuit

United States v. Juan Olivares

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 16-1355 ___________________________

United States of America

lllllllllllllllllllll Plaintiff - Appellee

v.

Juan Jose Olivares, also known as Juan Jose Oliveros

lllllllllllllllllllll Defendant - Appellant ____________

Appeal from United States District Court for the Western District of Missouri - Kansas City ____________

Submitted: July 7, 2016 Filed: July 12, 2016 [Unpublished] ____________

Before MURPHY, BOWMAN, and BENTON, Circuit Judges. ____________

PER CURIAM.

Juan Olivares appeals from the sentence the District Court1 imposed after he pleaded guilty to a drug offense. His written plea agreement included an appeal

1 The Honorable Gary A. Fenner, United States District Judge for the Western District of Missouri. waiver. His counsel has moved to withdraw and filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), arguing that the sentence was unreasonable. We conclude that the appeal waiver is enforceable. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (reviewing de novo “the validity and applicability” of an appeal waiver); United States v. Andis, 333 F.3d 886, 889–92 (8th Cir.) (en banc) (discussing enforcement of appeal waivers), cert. denied, 540 U.S. 997 (2003). We have independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), and have found no non-frivolous issues for appeal. Accordingly, we grant counsel’s motion to withdraw, and we dismiss this appeal. ______________________________

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Reference

Status
Unpublished