United States v. Angel Chavez-Soto, No. 20-1524 (8th Cir. 2020)
Annotate this CaseCourt Description: [Per Curiam - Before Benton, Kelly and Grasz, Circuit Judges] Criminal case - Criminal case. Anders case. Defendant executed a valid, applicable and enforceable plea waiver, and this appeal is dismissed. [ November 12, 2020 ]
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 20-1524 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Angel N. Chavez-Soto lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Kansas City ____________ Submitted: November 9, 2020 Filed: November 13, 2020 [Unpublished] ____________ Before BENTON, KELLY, and GRASZ, Circuit Judges. ____________ PER CURIAM. Angel Chavez-Soto appeals after he pleaded guilty to a drug offense, pursuant to a plea agreement containing an appeal waiver, and the district court1 sentenced him 1 The Honorable Stephen R. Bough, United States District Judge for the Western District of Missouri. to a prison term below the advisory Guidelines range. His counsel has moved for leave to withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the substantive reasonableness of his sentence. We conclude that the appeal 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 waivers); United States v. Andis, 333 F.3d 886, 889–92 (8th Cir. 2003) (en banc) (appeal waiver should 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). Furthermore, we have independently reviewed the record pursuant to Penson v. Ohio, 488 U.S. 75 (1988), and have found no nonfrivolous issues for appeal outside the scope of the appeal waiver. Accordingly, we grant counsel’s motion for leave to withdraw and dismiss this appeal. ______________________________ -2-
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