United States v. Jose Torre


PER CURIAM OPINION FILED - THE COURT: Kermit E. Bye, Steven M. Colloton and Duane Benton (UNPUBLISHED); Granting [4099803-2] motion to withdraw as counsel filed by Mr. Mark Allan Hammer. [4161414] [13-3034]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 13-3034 ___________________________ United States of America, lllllllllllllllllllll Plaintiff - Appellee, v. Jose Martinez Torres, lllllllllllllllllllll Defendant - Appellant. ____________ Appeal from United States District Court for the Western District of Missouri - Jefferson City ____________ Submitted: May 23, 2014 Filed: June 5, 2014 [Unpublished] ____________ Before BYE, COLLOTON, and BENTON, Circuit Judges. ____________ PER CURIAM. Jose Torres appeals the sentence imposed by the district court1 after he pleaded guilty to a drug-conspiracy offense. His counsel has moved to withdraw, and has filed 1 The Honorable Fernando J. Gaitan, Jr., United States District Judge for the Western District of Missouri. Appellate Case: 13-3034 Page: 1 Date Filed: 06/05/2014 Entry ID: 4161414 a brief under Anders v. California, 386 U.S. 738 (1967), raising as issues whether the district court erred in accepting Torres’s guilty plea or in sentencing him. Torres pled guilty pursuant to a written plea agreement containing an appeal waiver, which we enforce. See United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc). After careful review of the record, we are satisfied that Torres entered into both the plea agreement and the appeal waiver knowingly and voluntarily, as demonstrated by his sworn responses to the district court’s questions during the change-of-plea hearing. See Nguyen v. United States, 114 F.3d 699, 703 (8th Cir. 1997). In addition, we conclude that the issues raised in this appeal fall within the scope of the appeal waiver, and that no miscarriage of justice would result from enforcing the waiver. Finally, having reviewed the record independently under Penson v. Ohio, 488 U.S. 75 (1988), we find no non-frivolous issues outside the scope of the waiver. Accordingly, this appeal is dismissed, and we grant counsel leave to withdraw. ______________________________ -2- Appellate Case: 13-3034 Page: 2 Date Filed: 06/05/2014 Entry ID: 4161414

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