United States v. Damian Mata

U.S. Court of Appeals for the Eighth Circuit
United States v. Damian Mata, 694 F. App'x 444 (8th Cir. 2017)

United States v. Damian Mata

Opinion

PER CURIAM.

Damian Mata directly appeals after he pleaded guilty to a drug offense and the district court 1 imposed a sentence consistent with Mata’s Federal Rule of Criminal Procedure 11(c)(1)(C) plea agreement, which contained an appeal waiver. Mata’s counsel has moved for leave 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), challenging the reasonableness of Mata’s sentence.

We conclude that the appeal waiver is valid, applicable, and enforceable. 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, 889-92 (8th Cir. 2003) (en banc) (appeal waiver will be enforced if appeal falls within scope of waiver, defendant knowingly and voluntarily entered into plea agreement and waiver, and enforcing waiver would not result in miscarriage of justice). We have independently reviewed the record, pursuant to Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300, (1988), and have found no non-frivolous issues for appeal outside the scope of the waiver. Accordingly, we dismiss this appeal, and we grant counsel’s motion for leave to withdraw.

1

. The Honorable Ralph R. Erickson, United States District Judge for the District of North Dakota.

Reference

Full Case Name
UNITED STATES of America Plaintiff-Appellee v. Damian MATA Defendant-Appellant
Status
Unpublished