United States v. Michael Ayala, No. 16-4473 (8th Cir. 2017)
Annotate this CaseCourt Description: Per Curiam. Before Wollman, Loken, and Colloton, Circuit Judges] Criminal Case - Anders. Appeal waiver is enforceable, as record demonstrates Ayala entered into plea agreement and waiver knowingly and voluntarily and no miscarriage of justice would result from enforcing the waiver.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-4473 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Michael P. Ayala lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Springfield ____________ Submitted: November 13, 2017 Filed: November 16, 2017 [Unpublished] ____________ Before WOLLMAN, LOKEN, and COLLOTON, Circuit Judges. ____________ PER CURIAM. In this direct criminal appeal, Michael Ayala challenges the sentence the district court1 imposed after he pleaded guilty--pursuant to a written plea agreement 1 The Honorable M. Douglas Harpool, United States District Judge for the Western District of Missouri. that included an appeal waiver--to drug, firearm, and money laundering charges. His counsel has moved to withdraw and submitted a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the sentence was greater than necessary. We conclude that the appeal waiver is enforceable, because our review of the record demonstrates that Ayala entered into the plea agreement and the appeal waiver knowingly and voluntarily, see Nguyen v. United States, 114 F.3d 699, 703 (8th Cir. 1997); the argument falls within the scope of the waiver; and no miscarriage of justice would result from enforcing the waiver, see United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (de novo review); United States v. Andis, 333 F.3d 886, 890-92 (8th Cir. 2003) (en banc). 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 outside the scope of the waiver. Accordingly, we grant counsel’s motion, and we dismiss this appeal. ______________________________ -2-
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