United States v. Juan Olivare


PER CURIAM OPINION FILED - THE COURT: Diana E. Murphy, Pasco M. Bowman and Duane Benton (UNPUBLISHED); Granting [4378147-2] motion to withdraw as counsel filed by Mr. Travis D. Poindexter. [4424553] [16-1355]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-1355 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Juan Jose Olivares, also known as Juan Jose Oliveros lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Kansas City ____________ Submitted: July 7, 2016 Filed: July 12, 2016 [Unpublished] ____________ Before MURPHY, BOWMAN, and BENTON, Circuit Judges. ____________ PER CURIAM. Juan Olivares appeals from the sentence the District Court1 imposed after he pleaded guilty to a drug offense. His written plea agreement included an appeal 1 The Honorable Gary A. Fenner, United States District Judge for the Western District of Missouri. Appellate Case: 16-1355 Page: 1 Date Filed: 07/12/2016 Entry ID: 4424553 waiver. His counsel has moved to withdraw and filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), arguing that the sentence was unreasonable. We conclude that the appeal waiver is enforceable. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (reviewing de novo “the validity and applicability” of an appeal waiver); 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). We have independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), and have found no non-frivolous issues for appeal. Accordingly, we grant counsel’s motion to withdraw, and we dismiss this appeal. ______________________________ -2- Appellate Case: 16-1355 Page: 2 Date Filed: 07/12/2016 Entry ID: 4424553

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