United States v. Blanca Rojo, No. 18-3370 (8th Cir. 2019)
Annotate this CaseCourt Description: Per Curiam - Before Loken, Gruender and Stras, Circuit Judges] Criminal case - Criminal law. Anders case. Defendant executed a valid, enforceable and applicable appeal waiver and her appeal of her sentence is dismissed.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 18-3370 ___________________________ United States of America Plaintiff - Appellee v. Blanca Yvette Rojo Defendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Kansas City ____________ Submitted: August 7, 2019 Filed: August 12, 2019 [Unpublished] ____________ Before LOKEN, GRUENDER, and STRAS, Circuit Judges. ____________ PER CURIAM. Blanca Rojo pleaded guilty to conspiracy to distribute methamphetamine, 21 U.S.C. §§ 841(a)(1), (b)(1)(C), 846. As part of her plea agreement, she waived her right to appeal unless, as relevant here, her sentence exceeded the statutory maximum. The district court 1 gave her a 144-month sentence, which is below the statutory maximum. See id. § 841(b)(1)(C). In an Anders brief, Rojo’s counsel suggests that her sentence is substantively unreasonable and requests permission to withdraw. See Anders v. California, 386 U.S. 738 (1967). Rojo has separately moved for the appointment of new appellate counsel. We review the validity and applicability of an appeal waiver de novo. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010). Upon careful review, we conclude that the appeal waiver is enforceable and that it is applicable to the issue raised on appeal. See United States v. Andis, 333 F.3d 886, 889–92 (8th Cir. 2003) (en banc) (explaining that an appeal waiver will be enforced if the appeal falls within the scope of the waiver, the defendant knowingly and voluntarily entered into the plea agreement and the waiver, and enforcing the waiver would not result in a miscarriage of justice). We have also independently reviewed the record and conclude that no other non-frivolous issues exist. See Penson v. Ohio, 488 U.S. 75 (1988). Accordingly, we dismiss the appeal, grant counsel permission to withdraw, and deny Rojo’s motion seeking new counsel. ______________________________ 1 The Honorable Greg Kays, United States District Judge for the Western District of Missouri. -2-
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