United States v. Manuel Contreras, No. 24-1767 (8th Cir. 2024)
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 24-1767 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Manuel A. Contreras lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri ____________ Submitted: September 19, 2024 Filed: September 24, 2024 [Unpublished] ____________ Before GRASZ, STRAS, and KOBES, Circuit Judges. ____________ PER CURIAM. Manuel Contreras appeals the sentence imposed by the district court1 after he pled guilty to distribution of cocaine, pursuant to a plea agreement that includes an 1 The Honorable Howard F. Sachs, United States District Judge for the Western District of Missouri. appeal waiver. His counsel moved to withdraw and filed a brief under Anders v. California, 386 U.S. 738 (1967). Upon careful review, we conclude the appeal waiver is valid, enforceable, and applicable to the sentencing issues raised in this appeal. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (reviewing validity and applicability of appeal waiver de novo); 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 it would not result in a miscarriage of justice). We have also independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), and have found no non-frivolous issues for appeal falling outside the scope of the appeal waiver. Accordingly, we grant counsel’s motion to withdraw, and we dismiss the appeal. ______________________________ -2-
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