United States v. Jaime Nevarez


PER CURIAM OPINION - THE COURT: Roger L. Wollman, Pasco M. Bowman and Diana E. Murphy (UNPUBLISHED) [4387427] [15-2582]--[Edited 04/12/2016 by MAJ]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-2582 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Jaime Nevarez, also known as Jamie Nevarez lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the District of North Dakota - Fargo ____________ Submitted: April 7, 2016 Filed: April 12, 2016 [Unpublished] ____________ Before WOLLMAN, BOWMAN, and MURPHY, Circuit Judges. ____________ PER CURIAM. Jaime Nevarez appeals from the sentence the District Court1 imposed after he pleaded guilty to a drug offense. His written plea agreement contained an appeal 1 The Honorable Ralph R. Erickson, Chief Judge, United States District Court for the District of North Dakota. Appellate Case: 15-2582 Page: 1 Date Filed: 04/12/2016 Entry ID: 4387427 waiver. After consideration of both the brief filed under Anders v. California, 386 U.S. 738 (1967), by Nevarez’s former appointed attorney and the supplemental brief later filed by a retained attorney, we conclude that the appeal waiver is enforceable as to all issues raised. See United States v. Andis, 333 F.3d 886, 889–92 (8th Cir.) (en banc) (discussing enforcement of appeal waivers), cert. denied, 540 U.S. 997 (2003). In addition, out of an abundance of caution, we independently reviewed the record, see Penson v. Ohio, 488 U.S. 75, 80 (1988), and we found no non-frivolous issue for appeal. Accordingly, we dismiss this appeal. ______________________________ -2- Appellate Case: 15-2582 Page: 2 Date Filed: 04/12/2016 Entry ID: 4387427

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