United States v. Alicia Ramirez-Medina


PER CURIAM OPINION FILED - THE COURT: Bobby E. Shepherd, Morris S. Arnold and Jane Kelly (UNPUBLISHED); [4392630-2] Granting motion to withdraw as counsel filed by Mr.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

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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 ____________ Appeal from United States District Court for the Western District of Missouri - Kansas City ____________ Submitted: November 15, 2016 Filed: November 18, 2016 [Unpublished] ____________ Before SHEPHERD, ARNOLD, and KELLY, Circuit Judges. ____________ 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. ______________________________ -2- Appellate Case: 16-1418 Page: 2 Date Filed: 11/18/2016 Entry ID: 4470802

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