United States v. Jose Cortez-Leon , 324 F. App'x 543 ( 2009 )


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  •                     United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 07-3792
    ___________
    United States of America,               *
    *
    Appellee,                   *
    * Appeal from the United States
    v.                                * District Court for the
    * District of Minnesota.
    Jose Cortez-Leon,                       *
    * [UNPUBLISHED]
    Appellant.                  *
    ___________
    Submitted: May 7, 2009
    Filed: May 14, 2009
    ___________
    Before WOLLMAN, MURPHY, and MELLOY, Circuit Judges.
    ___________
    PER CURIAM.
    Jose Cortez-Leon appeals the 97-month prison sentence the district court1
    imposed after he pleaded guilty to a drug-conspiracy charge. His counsel has moved
    to withdraw and has filed a brief pursuant to Anders v. California, 
    386 U.S. 738
    (1967), arguing that Cortez-Leon’s sentence was unreasonable.
    Upon careful review, we conclude that this appeal falls within the scope of a
    valid appeal waiver that was contained in Cortez-Leon’s written plea agreement, that
    1
    The Honorable David S. Doty, United States District Judge for the District of
    Minnesota.
    he knowingly and voluntarily entered into the plea agreement and the appeal waiver,
    and that enforcing the appeal waiver would not result in a miscarriage of justice. See
    United States v. Andis, 
    333 F.3d 886
    , 889-92 (8th Cir. 2003) (en banc) (discussing
    enforceability of appeal waiver); see also United States v. Estrada-Bahena, 
    201 F.3d 1070
    , 1071 (8th Cir. 2000) (per curiam) (enforcing appeal waiver in Anders case).
    Having reviewed the record independently under Penson v. Ohio, 
    488 U.S. 75
    ,
    80 (1988), we find no nonfrivolous issue for appeal beyond the scope of the appeal
    waiver. Accordingly, we dismiss this appeal. We also grant defense counsel’s motion
    to withdraw on condition that counsel inform appellant about the procedures for filing
    petitions for rehearing and for certiorari.
    ______________________________
    -2-
    

Document Info

Docket Number: 07-3792

Citation Numbers: 324 F. App'x 543

Filed Date: 5/14/2009

Precedential Status: Non-Precedential

Modified Date: 1/12/2023