United States of America v. Angel Gabino-Gonzalez


PER CURIAM OPINION FILED - THE COURT: Raymond W. Gruender, Morris S. Arnold and Bobby E. Shepherd (UNPUBLISHED); Granting [4340489-2] motion to withdraw as counsel filed by Mr.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

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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District Court for the District of Nebraska - Omaha ____________ Submitted: March 22, 2016 Filed: March 24, 2016 [Unpublished] ____________ Before GRUENDER, ARNOLD, and SHEPHERD, Circuit Judges.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

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