United States v. Jaime Guerrero-Robledo, No. 16-4336 (8th Cir. 2017)
Annotate this CaseCourt Description: Per Curiam - Before Gruender, Bowman and Shepherd, Circuit Judges] Criminal case - Sentencing. Anders case. The appeal waiver in the case is valid and applicable to defendant's argument that his sentence is unreasonable; the court will enforce the waiver and dismiss the appeal.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-4336 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Jaime Guerrero-Robledo lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the District of Nebraska - Lincoln ____________ Submitted: July 14, 2017 Filed: July 25, 2017 [Unpublished] ____________ Before GRUENDER, BOWMAN, and SHEPHERD, Circuit Judges. ____________ PER CURIAM. Jaime Guerrero-Robledo challenges the sentence the district court1 imposed after he pled guilty to an immigration offense, pursuant to a plea agreement that 1 The Honorable John M. Gerrard, United States District Judge for the District of Nebraska. contained an appeal waiver. His counsel has filed a brief under Anders v. California, 386 U.S. 738 (1967), asking the court to disregard the appeal waiver, and arguing that the sentence is substantively unreasonable. Counsel also seeks leave to withdraw. Upon careful review, 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). In addition, 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 leave to withdraw. ______________________________ -2-
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