United States v. Juan Manjarrez-Sanchez
Opinion
Juan Manjarrez-Sanchez directly appeals the sentence imposed by the district court 1 after he pleaded guilty to conspiring to distribute methamphetamine. 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 the sentence was unreasonable. We conclude that Manjarrez-Sanchez’s appeal waiver should be enforced and prevents consideration of his claim. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (de novo review of validity and applicability of appeal waiver); United States v. Andis, 333 F.3d 886, 889-90 (8th Cir. 2003) (en banc) (court should enforce appeal waiver and dismiss appeal where it falls within scope of waiver, plea agreement and waiver were entered into knowingly and voluntarily, and no miscarriage of justice would result). 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.
According, we dismiss the appeal and we grant counsel’s motion to withdraw.
. 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. Juan MANJARREZ-SANCHEZ Defendant-Appellant
- Status
- Unpublished