United States v. Juan Manjarrez-Sanchez, No. 16-1750 (8th Cir. 2016)
Annotate this CaseCourt Description: Per Curiam - Before Wollman, Arnold and Murphy, Circuit Judges] Criminal case - Sentencing. Anders case. Defendant waived his right of appeal in his plea agreement, and the appeal is dismissed. [ August 11, 2016
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-1750 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Juan Manjarrez-Sanchez lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the District of Nebraska - Omaha ____________ Submitted: August 5, 2016 Filed: August 12, 2016 [Unpublished] ____________ Before WOLLMAN, ARNOLD, and MURPHY, Circuit Judges. ____________ PER CURIAM. Juan Manjarrez-Sanchez directly appeals the sentence imposed by the district court after he pleaded guilty to conspiring to distribute methamphetamine. His 1 1 The Honorable Joseph F. Bataillon, United States District Judge for the District of Nebraska. counsel has moved to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the sentence was unreasonable. We conclude that Manjarrez-Sanchez’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, 889-90 (8th Cir. 2003) (en banc) (court should enforce appeal waiver and dismiss appeal where it falls within scope of waiver, plea agreement and waiver were entered into knowingly and voluntarily, and no miscarriage of justice would result). Having independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues for appeal. According, we dismiss the appeal and we grant counsel’s motion to withdraw. ______________________________ -2-
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