United States v. Alicia Ramirez-Medina

Filing

PER CURIAM OPINION FILED - THE COURT: Bobby E. Shepherd, Morris S. Arnold and Jane Kelly (UNPUBLISHED); [4392630-2] Granting motion to withdraw as counsel filed by Mr. Robert Kuchar. [4470802] [16-1418]

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 16-1418
___________________________
United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Alicia Ramirez-Medina
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - Kansas City
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Submitted: November 15, 2016
Filed: November 18, 2016
[Unpublished]
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Before SHEPHERD, ARNOLD, and KELLY, Circuit Judges.
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PER CURIAM.
Alicia Ramirez-Medina appeals the sentence that the district court1 imposed
after she pleaded guilty to a drug offense. Her counsel has moved to withdraw and

1

The Honorable Dean Whipple, United States District Judge for the Western
District of Missouri.

Appellate Case: 16-1418

Page: 1

Date Filed: 11/18/2016 Entry ID: 4470802

filed a brief under Anders v. California, 386 U.S. 738 (1967), asserting that the court
imposed a procedurally flawed and substantively unreasonable sentence.
Ramirez-Medina pleaded guilty after entering into a written plea agreement
containing an appeal waiver. We conclude that the appeal waiver is enforceable. See
United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (de novo review of validity
and applicability of appeal waiver); United States v. Andis, 333 F.3d 886, 890-92 (8th
Cir. 2003) (en banc) (discussing enforcement of appeal waivers). Furthermore, 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 and dismiss this appeal.
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Appellate Case: 16-1418

Page: 2

Date Filed: 11/18/2016 Entry ID: 4470802