United States v. Raul Ramirez , 212 F. App'x 580 ( 2007 )


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  •                     United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 06-1433
    ___________
    United States of America,               *
    *
    Appellee,                  *
    * Appeal from the United States
    v.                                * District Court for the
    * District of Nebraska.
    Raul Ramirez,                           *
    *   [UNPUBLISHED]
    Appellant.                 *
    ___________
    Submitted: January 4, 2007
    Filed: January 11, 2007
    ___________
    Before MURPHY, BYE, and MELLOY, Circuit Judges.
    ___________
    PER CURIAM.
    Raul Ramirez appeals the 60-month sentence that the district court1 imposed
    after he pleaded guilty to possessing a firearm during a drug-trafficking crime, in
    violation of 18 U.S.C. § 924(c)(1)(A)(i). Invoking Anders v. California, 
    386 U.S. 738
    (1967), his counsel has moved to withdraw, filing a brief in which he raises a
    challenge to the sentence imposed.
    1
    The Honorable Joseph F. Bataillon, Chief Judge, United States District Court
    for the District of Nebraska.
    Ramirez cannot challenge his sentence, however, because he specifically
    stipulated to it in his written plea agreement. See United States v. Nguyen, 
    46 F.3d 781
    , 783 (8th Cir. 1995) (defendant who explicitly and voluntarily exposes himself
    to specific sentence may not challenge that punishment on appeal). Further, having
    carefully reviewed the record in accordance with Penson v. Ohio, 
    488 U.S. 75
    (1988),
    we find no nonfrivolous issues.
    Accordingly, we affirm the judgment. We also grant counsel’s motion to
    withdraw on condition that he show that he has informed Ramirez of the procedures
    for petitioning the Supreme Court for certiorari, in compliance with Part V of our plan
    to implement the Criminal Justice Act.
    ______________________________
    -2-
    

Document Info

Docket Number: 06-1433

Citation Numbers: 212 F. App'x 580

Filed Date: 1/11/2007

Precedential Status: Non-Precedential

Modified Date: 1/12/2023