United States v. Daniel Loza-Ramirez, No. 17-2465 (8th Cir. 2018)
Annotate this CaseCourt Description: Per Curiam - Before Benton, Murphy and Erickson, Circuit Judges] Criminal case - Criminal law. Anders case. Defendant entered into a valid, enforceable and applicable appeal waiver as part of his plea agreement, and the appeal is dismissed.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 17-2465 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Daniel Loza-Ramirez lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the District of Nebraska - Omaha ____________ Submitted: February 1, 2018 Filed: February 12, 2018 [Unpublished] ____________ Before BENTON, MURPHY, and ERICKSON, Circuit Judges. ____________ PER CURIAM. Daniel Loza-Ramirez directly appeals the sentence the district court1 imposed after he pleaded guilty to distributing cocaine, pursuant to a plea agreement that 1 The Honorable Robert F. Rossiter, Jr., United States District Judge for the District of Nebraska. contained a waiver of the right to appeal his sentence. Loza-Ramirez’s counsel has moved to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the sentence is substantively unreasonable. Upon careful review, we conclude that the 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). Having independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues for appeal falling outside the scope of the appeal waiver. Accordingly, we grant counsel’s motion to withdraw, and we dismiss this appeal. ______________________________ -2-
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