United States v. Jesus Almeida-Olivas, No. 15-1276 (8th Cir. 2015)
Annotate this CaseCourt Description: Per Curiam - Before Loken, Bowman and Gruender, Circuit Judges] Criminal case - Sentencing. Anders case. Defendant's appeal waiver bars his appeal of his sentence, and his appeal is dismissed. [ July 20, 2015
Download PDF
United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-1276 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Jesus F. Almeida-Olivas, also known as Chaparro, also known as Chuy, also known as Jose Almeida-Olivas lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Kansas City ____________ Submitted: July 20, 2015 Filed: July 21, 2015 [Unpublished] ____________ Before LOKEN, BOWMAN, and GRUENDER, Circuit Judges. ____________ PER CURIAM. Jesus Almeida-Olivas directly appeals after he pleaded guilty to federal drug charges, pursuant to a plea agreement, and the district court1 sentenced him within the calculated Guidelines range. His counsel has moved to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), raising challenges to the reasonableness of the sentence that was imposed. The written plea agreement in this case contains an appeal waiver, and after careful de novo review, see United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010), we will enforce the appeal waiver. The claims raised in this appeal fall within the scope of the waiver; Almeida-Olivas’s testimony at the plea hearing shows that he entered into the plea agreement, and the appeal waiver, knowingly and voluntarily; and dismissing the appeal based on the waiver will not result in a miscarriage of justice. See United States v. Andis, 333 F.3d 886, 889-90 (8th Cir. 2003) (en banc). Further, 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. This appeal is dismissed, and we grant counsel’s motion to withdraw. ______________________________ 1 The Honorable Brian C. Wimes, United States District Judge for the Western District of Missouri. -2-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
