United States v. Juan Manjarrez-Sanchez


PER CURIAM OPINION FILED - THE COURT: Roger L. Wollman, Morris S. Arnold and Diana E. Murphy (UNPUBLISHED); Granting [4392195-2] motion to withdraw as counsel filed by Mr. Chinedu I. Igbokwe. [4436946] [16-1750]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-1750 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Juan Manjarrez-Sanchez lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the District of Nebraska - Omaha ____________ Submitted: August 5, 2016 Filed: August 12, 2016 [Unpublished] ____________ Before WOLLMAN, ARNOLD, and MURPHY, Circuit Judges. ____________ PER CURIAM. Juan Manjarrez-Sanchez directly appeals the sentence imposed by the district court after he pleaded guilty to conspiring to distribute methamphetamine. His 1 1 The Honorable Joseph F. Bataillon, United States District Judge for the District of Nebraska. Appellate Case: 16-1750 Page: 1 Date Filed: 08/12/2016 Entry ID: 4436946 counsel has moved to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the sentence was unreasonable. We conclude that Manjarrez-Sanchez’s appeal waiver should be enforced and prevents consideration of his claim. 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, 889-90 (8th Cir. 2003) (en banc) (court should enforce appeal waiver and dismiss appeal where it falls within scope of waiver, plea agreement and waiver were entered into knowingly and voluntarily, and no miscarriage of justice would result). Having independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues for appeal. According, we dismiss the appeal and we grant counsel’s motion to withdraw. ______________________________ -2- Appellate Case: 16-1750 Page: 2 Date Filed: 08/12/2016 Entry ID: 4436946

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