United States v. Jose Gonzalez-Perez, No. 18-3035 (8th Cir. 2019)
Annotate this CaseCourt Description: Per Curiam - Before Colloton, Benton and Grasz, Circuit Judges] Criminal case - Criminal law. Anders case. Defendant's appeal waiver is valid, applicable and enforceable, and his appeal is dismissed.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 18-3035 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Jose Gonzalez-Perez, also known as El Perro lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the District of Minnesota ____________ Submitted: November 22, 2019 Filed: November 27, 2019 [Unpublished] ____________ Before COLLOTON, BENTON, and GRASZ, Circuit Judges. ____________ PER CURIAM. Jose Gonzalez-Perez appeals after he pled guilty to a drug offense, pursuant to a plea agreement containing an appeal waiver, and the district court1 sentenced him 1 The Honorable Wilhelmina M. Wright, United States District Judge for the District of Minnesota. within the advisory range under the United States Sentencing Guidelines Manual. His counsel has moved to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the substantive reasonableness of Gonzalez-Perez’s sentence. Upon careful de novo review, we conclude the appeal waiver is valid, applicable, and enforceable. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (reviewing de novo the validity and applicability of appeal waiver); United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc) (enforcing appeal waiver 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). We have also independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), and there are no non-frivolous issues for appeal falling outside the scope of the appeal waiver. Accordingly, we grant counsel’s motion, and we dismiss this appeal. ______________________________ -2-
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