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United States Court of Appeals For the Eighth Circuit ___________________________ No. 22-3208 ___________________________ United States of America Plaintiff - Appellee v. Ruben Vasquez Defendant - Appellant ____________ Appeal from United States District Court for the Northern District of Iowa - Western ____________ Submitted: May 1, 2023 Filed: May 4, 2023 [Unpublished] ____________ Before LOKEN, COLLOTON, and BENTON, Circuit Judges. ____________ PER CURIAM. Ruben Vasquez appeals after he pled guilty to conspiracy to distribute methamphetamine. The district court1 sentenced him, pursuant to an agreement 1 The Honorable C.J. Williams, United States District Judge for the Northern District of Iowa. containing an appeal waiver, to a within-Guidelines-range prison term. Having jurisdiction under
28 U.S.C. § 1291, this court dismisses the appeal based on the appeal waiver. Counsel has moved to withdraw, and has filed a brief under Anders v. California,
386 U.S. 738(1967), challenging the substantive reasonableness of the sentence. The appeal waiver is valid and enforceable, as the issue raised in this appeal falls within the scope of the appeal waiver, the record shows that Vasquez entered into the agreement and the appeal waiver knowingly and voluntarily, and no miscarriage of justice would result from enforcing the waiver. See United States v. Scott,
627 F.3d 702, 704 (8th Cir. 2010) (de novo review); United States v. Andis,
333 F.3d 886, 889-90 (8th Cir. 2003) (en banc) (enforcing appeal waiver if appeal falls within scope of waiver, defendant knowingly and voluntarily entered into waiver and plea agreement, and enforcing waiver would not result in miscarriage of justice). This court has independently reviewed the record under Penson v. Ohio,
488 U.S. 75(1988), and finds no non-frivolous issues outside the scope of the appeal waiver. The appeal is dismissed, and counsel’s motion to withdraw is granted. ______________________________ -2-
Document Info
Docket Number: 22-3208
Filed Date: 5/4/2023
Precedential Status: Non-Precedential
Modified Date: 5/4/2023