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

United States v. Jesus Sanchez-Meza

United States v. Jesus Sanchez-Meza
U.S. Court of Appeals for the Eighth Circuit · Decided July 10, 2023
United States v. Jesus Sanchez-Meza

Opinion

United States Court of Appeals

For the Eighth Circuit ___________________________ No. 23-1357 ___________________________ United States of America, lllllllllllllllllllllPlaintiff - Appellee, v. Jesus R. Sanchez-Meza, lllllllllllllllllllllDefendant - Appellant. ____________ Appeal from United States District Court for the District of Nebraska - Lincoln ____________ Submitted: June 21, 2023 Filed: July 10, 2023 [Unpublished] ____________

Before LOKEN, COLLOTON, and KOBES, Circuit Judges.

____________ PER CURIAM.

Jesus Sanchez-Meza appeals a sentence imposed by the district court1 after he pleaded guilty to a drug offense pursuant to a binding plea agreement that contained an appeal waiver. His counsel has moved to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that enforcing the appeal waiver would result in a miscarriage of justice, and that the sentence was unreasonable. Upon careful review, we conclude that the appeal waiver is valid, enforceable, and applicable to the issues raised in this appeal, and that no miscarriage of justice would result from enforcing the waiver. See United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc).

We have independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), and have found no non-frivolous issues for appeal falling outside the scope of the waiver. Accordingly, we dismiss this appeal based on the appeal waiver, and we grant counsel’s motion to withdraw.

______________________________

1 The Honorable John M. Gerrard, United States District Judge for the District of Nebraska.

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