U.S. Court of Appeals for the Eighth Circuit, 2023

United States v. Uriel Ramirez-Manzanares

United States v. Uriel Ramirez-Manzanares
U.S. Court of Appeals for the Eighth Circuit · Decided April 7, 2023

United States v. Uriel Ramirez-Manzanares

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________ No. 22-3176 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Uriel Ramirez-Manzanares lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Western District of Arkansas ____________ Submitted: March 29, 2023 Filed: April 7, 2023 [Unpublished] ____________ Before COLLOTON, KELLY, and GRASZ, Circuit Judges. ____________ PER CURIAM.

Uriel Ramirez-Manzanares appeals the sentence imposed by the district court1 after he pled guilty to possessing methamphetamine with intent to distribute, pursuant The Honorable Susan O. Hickey, Chief Judge, United States District Court for the Western District of Arkansas. to a plea agreement that includes an appeal waiver. His counsel has moved to withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967).

Upon careful review, we conclude the appeal waiver is valid, enforceable, and applicable to the sentencing issues raised in this appeal. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (reviewing validity and applicability of appeal waiver de novo); United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc) (holding an appeal waiver should be enforced if the appeal falls within the scope of the waiver, the defendant knowingly and voluntarily entered in the plea agreement, and its enforcement would not result in a miscarriage of justice). We have also independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), and have found no non-frivolous issues for appeal outside the scope of the appeal waiver. Accordingly, we grant counsel’s motion to withdraw, and we dismiss the appeal. ______________________________

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