United States v. Maria Preciado, No. 18-3274 (8th Cir. 2019)
Annotate this CaseCourt Description: Per Curiam. Before Colloton, Erickson, and Stras, Circuit Judges] Criminal Case - Anders. Appeal waiver will be enforced because Preciado entered into plea agreement and appeal waiver knowingly and voluntarily, the challenged sentence falls within the waiver, and no miscarriage of justice will result. [ June 25, 2019
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 18-3274 ___________________________ United States of America, lllllllllllllllllllllPlaintiff - Appellee, v. Maria Antonia Preciado, also known as Maria Antonia Preciado-Hernandez, lllllllllllllllllllllDefendant - Appellant. ____________ Appeal from United States District Court for the District of Minnesota ____________ Submitted: June 20, 2019 Filed: June 26, 2019 [Unpublished] ____________ Before COLLOTON, ERICKSON, and STRAS, Circuit Judges. ____________ PER CURIAM. Maria Preciado pleaded guilty to a drug offense under a plea agreement containing an appeal waiver. The district court1 sentenced her to a term of 1 The Honorable Susan Richard Nelson, United States District Judge for the District of Minnesota. imprisonment below the advisory guidelines range. Preciado appeals; her counsel has moved for leave to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the sentence. We will enforce the appeal waiver in this case because Preciado entered into the plea agreement and the appeal waiver knowingly and voluntarily, her challenge to the sentence falls within the scope of the appeal 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); United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc). Further, 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 appeal waiver. Accordingly, we dismiss this appeal based on the appeal waiver, and we grant counsel’s motion to withdraw. ______________________________ -2-
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