United States v. Damian Mata, No. 16-4432 (8th Cir. 2017)
Annotate this CaseCourt Description: Per Curiam - Before Wollman, Loken and Benton, Circuit Judges] Criminal case - Sentencing. Anders case. The sentencing issue raised on appeal falls with the scope of defendant's valid and enforceable appeal waiver, and the appeal is dismissed. [ July 25, 2017
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-4432 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Damian Mata lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the District of North Dakota - Fargo ____________ Submitted: July 24, 2017 Filed: July 26, 2017 [Unpublished] ____________ Before WOLLMAN, LOKEN, and BENTON, Circuit Judges. ____________ PER CURIAM. Damian Mata directly appeals after he pleaded guilty to a drug offense and the district court1 imposed a sentence consistent with Mata’s Federal Rule of Criminal 1 The Honorable Ralph R. Erickson, United States District Judge for the District of North Dakota. 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 (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 (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. ______________________________ -2-
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