United States v. Alicia Ramirez-Medina, No. 16-1418 (8th Cir. 2016)
Annotate this CaseCourt Description: Per Curiam - Before Shepherd, Arnold and Kelly, Circuit Judges] Criminal case - Sentencing. Anders case. Defendant entered into a valid, enforceable appeal waiver as part of her plea agreement, and her appeal of her sentence is dismissed.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-1418 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Alicia Ramirez-Medina lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Kansas City ____________ Submitted: November 15, 2016 Filed: November 18, 2016 [Unpublished] ____________ Before SHEPHERD, ARNOLD, and KELLY, Circuit Judges. ____________ PER CURIAM. Alicia Ramirez-Medina appeals the sentence that the district court1 imposed after she pleaded guilty to a drug offense. Her counsel has moved to withdraw and 1 The Honorable Dean Whipple, United States District Judge for the Western District of Missouri. filed a brief under Anders v. California, 386 U.S. 738 (1967), asserting that the court imposed a procedurally flawed and substantively unreasonable sentence. Ramirez-Medina pleaded guilty after entering into a written plea agreement containing an appeal waiver. We conclude that the appeal waiver is 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, 890-92 (8th Cir. 2003) (en banc) (discussing enforcement of appeal waivers). Furthermore, we have independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), and have found no non-frivolous issues for appeal. Accordingly, we grant counsel’s motion and dismiss this appeal. ______________________________ -2-
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