United States v. Jose Gonzalez-Perez ( 2019 )


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  •                   United States Court of Appeals
    For the Eighth Circuit
    ___________________________
    No. 18-3035
    ___________________________
    United States of America
    lllllllllllllllllllllPlaintiff - Appellee
    v.
    Jose Gonzalez-Perez, also known as El Perro
    lllllllllllllllllllllDefendant - Appellant
    ____________
    Appeal from United States District Court
    for the District of Minnesota
    ____________
    Submitted: November 22, 2019
    Filed: November 27, 2019
    [Unpublished]
    ____________
    Before COLLOTON, BENTON, and GRASZ, Circuit Judges.
    ____________
    PER CURIAM.
    Jose Gonzalez-Perez appeals after he pled guilty to a drug offense, pursuant to
    a plea agreement containing an appeal waiver, and the district court1 sentenced him
    1
    The Honorable Wilhelmina M. Wright, United States District Judge for the
    District of Minnesota.
    within the advisory range under the United States Sentencing Guidelines Manual.
    His counsel has moved to withdraw, and has filed a brief under Anders v. California,
    
    386 U.S. 738
    (1967), challenging the substantive reasonableness of Gonzalez-Perez’s
    sentence.
    Upon careful de novo review, we conclude the appeal waiver is valid,
    applicable, and enforceable. See United States v. Scott, 
    627 F.3d 702
    , 704 (8th Cir.
    2010) (reviewing de novo the validity and applicability of appeal waiver); United
    States v. Andis, 
    333 F.3d 886
    , 889-92 (8th Cir. 2003) (en banc) (enforcing appeal
    waiver if appeal falls within scope of waiver, defendant knowingly and voluntarily
    entered into plea agreement and waiver, and enforcing waiver would not result in
    miscarriage of justice). We have also independently reviewed the record under
    Penson v. Ohio, 
    488 U.S. 75
    (1988), and there are no non-frivolous issues for appeal
    falling outside the scope of the appeal waiver. Accordingly, we grant counsel’s
    motion, and we dismiss this appeal.
    ______________________________
    -2-
    

Document Info

Docket Number: 18-3035

Filed Date: 11/27/2019

Precedential Status: Non-Precedential

Modified Date: 11/27/2019