United States v. Nicholas Salinas, No. 17-2063 (8th Cir. 2018)
Annotate this CaseCourt Description: Per Curiam - Before Wollman, Loken and Kelly, Circuit Judges] Criminal case - Criminal law. Anders case. Defendant signed a knowing and voluntary appeal waiver as part of his plea agreement, and this appeal from his sentence falls within the scope of the waiver. Appeal dismissed.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 17-2063 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Nicholas Salinas lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Kansas City ____________ Submitted: April 16, 2018 Filed: April 19, 2018 [Unpublished] ____________ Before WOLLMAN, LOKEN, and KELLY, Circuit Judges. ____________ PER CURIAM. In this direct criminal appeal, Nicholas Salinas challenges the sentence the district court1 imposed after he pleaded guilty to a drug charge, pursuant to a written 1 The Honorable Beth Phillips, United States District Judge for the Western District of Missouri. plea agreement. His counsel has moved to withdraw and submitted a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the sentence was substantively unreasonable. We conclude that the appeal waiver is enforceable, because our review of the record demonstrates that Salinas 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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