United States v. Nefer Ariza, No. 16-1742 (8th Cir. 2017)
Annotate this CaseCourt Description: Per Curiam - Before Loken, Bowman and Kelly, Circuit Judges] Criminal case - Criminal law. Anders case. Defendant knowingly and voluntarily executed an appeal waiver as part of his guilty plea, and the appeal is dismissed.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-1742 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Nefer Raul Ariza lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the District of Minnesota - St. Paul ____________ Submitted: January 26, 2017 Filed: January 31, 2017 [Unpublished] ____________ Before LOKEN, BOWMAN, and KELLY, Circuit Judges. ____________ PER CURIAM. After pleading guilty to a drug offense, Nefer Ariza appeals the district court’s1 below-Guidelines sentence. His counsel has moved to withdraw and has filed a brief under Anders v. California, 386 U.S. 38 (1967). We conclude that Ariza’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, 889-92 (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 pursuant to Penson v. Ohio, 488 U.S. 75 (1988), we find no non-frivolous issues for appeal. Accordingly, we dismiss the appeal and grant counsel’s motion to withdraw. ______________________________ 1 The Honorable Michael J. Davis, United States District Judge for the District of Minnesota. -2-
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