United States v. Angel Gabino-Gonzalez, No. 15-3362 (8th Cir. 2016)
Annotate this CaseCourt Description: Per Curiam - Before Gruender, Arnold and Shepherd, Circuit Judges] Criminal case - Sentencing. Anders case. Defendant knowingly and voluntarily entered into a plea agreement which waived his right to appeal and since this challenge to his sentence falls within the scope of that waiver, the appeal is dismissed. [ March 23, 2016
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-3362 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Angel Gabino-Gonzalez lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the District of Nebraska - Omaha ____________ Submitted: March 22, 2016 Filed: March 24, 2016 [Unpublished] ____________ Before GRUENDER, ARNOLD, and SHEPHERD, Circuit Judges. ____________ PER CURIAM. Angel Gabino-Gonzalez directly appeals the sentence imposed by the district court after he pled guilty to a drug offense, pursuant to a plea agreement containing 1 1 The Honorable Joseph F. Bataillon, United States District Judge for the District of Nebraska. 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 Gabino-Gonzalez’s sentence is unreasonable. After careful review, we enforce the appeal waiver. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (de novo review); United States v. Andis, 333 F.3d 886, 889-90 (8th Cir. 2003) (en banc) (appeal waiver will be enforced if appeal falls within scope of waiver, defendant knowingly and voluntarily entered into waiver and plea agreement, and enforcing waiver would not result in miscarriage of justice). Having independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues for appeal. Accordingly, we dismiss the appeal and grant counsel’s motion to withdraw. ______________________________ -2-
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