United States v. Braulio Arizmendiz-Contreras, No. 14-3749 (8th Cir. 2015)

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Court Description: Per Curiam - Before Wollman, Loken and Benton, Circuit Judges] Criminal case - Sentencing. Anders case. Appeal waiver enforced and appeal dismissed. [ May 11, 2015

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 14-3749 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Braulio Arizmendiz-Contreras, also known as Carlos Arizmendiz-Salido, also known as Miguel Rivera lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the District of Nebraska - Omaha ____________ Submitted: May 6, 2015 Filed: May 12, 2015 [Unpublished] ____________ Before WOLLMAN, LOKEN, and BENTON, Circuit Judges. ____________ PER CURIAM. Braulio Arizmendiz-Contreras appeals the sentence the district court1 imposed after he pleaded guilty to an immigration offense. His counsel has moved for leave to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that Arizmendiz-Contreras’s sentence is unreasonable, and acknowledging an appeal waiver in Arizmendiz-Contreras’s plea agreement. After careful de novo review, we enforce the appeal waiver. See United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc) (enforcement of appeal waivers); United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (standard of review). Having independently reviewed the record pursuant to Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues outside the scope of the appeal waiver. Accordingly, the appeal is dismissed, and we grant counsel’s motion for leave to withdraw. ______________________________ 1 The Honorable Joseph F. Bataillon, United States District Judge for the District of Nebraska. -2-

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