United States of America v. Angel Gabino-Gonzalez

Filing

PER CURIAM OPINION FILED - THE COURT: Raymond W. Gruender, Morris S. Arnold and Bobby E. Shepherd (UNPUBLISHED); Granting [4340489-2] motion to withdraw as counsel filed by Mr. Jim K. McGough. [4381244] [15-3362]

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 15-3362
___________________________
United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Angel Gabino-Gonzalez
lllllllllllllllllllll Defendant - Appellant
____________
Appeal from United States District Court
for the District of Nebraska - Omaha
____________
Submitted: March 22, 2016
Filed: March 24, 2016
[Unpublished]
____________
Before GRUENDER, ARNOLD, and SHEPHERD, Circuit Judges.
____________
PER CURIAM.
Angel Gabino-Gonzalez directly appeals the sentence imposed by the district
court after he pled guilty to a drug offense, pursuant to a plea agreement containing
1

1

The Honorable Joseph F. Bataillon, United States District Judge for the
District of Nebraska.

Appellate Case: 15-3362

Page: 1

Date Filed: 03/24/2016 Entry ID: 4381244

an appeal waiver. His counsel has moved to withdraw and has filed a brief under
Anders v. California, 386 U.S. 738 (1967), arguing that Gabino-Gonzalez’s sentence
is unreasonable. After careful review, we enforce the appeal waiver. See United
States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (de novo review); United States v.
Andis, 333 F.3d 886, 889-90 (8th Cir. 2003) (en banc) (appeal waiver will be
enforced if appeal falls within scope of waiver, defendant knowingly and voluntarily
entered into waiver and plea agreement, and enforcing waiver would not result in
miscarriage of justice). Having independently reviewed the record under Penson v.
Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues for appeal.
Accordingly, we dismiss the appeal and grant counsel’s motion to withdraw.
______________________________

-2-

Appellate Case: 15-3362

Page: 2

Date Filed: 03/24/2016 Entry ID: 4381244