United States v. Villalobos-Delgado

United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 05-2501 ___________ United States of America, * * Appellee, * Appeal from the United States * District Court for the District v. * of Nebraska. * Daniel Villalobos-Delgado, * [UNPUBLISHED] * Appellant. * ___________ Submitted: April 18, 2006 Filed: April 19, 2006 ___________ Before MELLOY, FAGG, and BENTON, Circuit Judges. ___________ PER CURIAM. Daniel Villalobos-Delgado appeals the 120-month prison sentence the district * court imposed after Villalobos-Delgado pleaded guilty to a drug-conspiracy charge. On appeal, counsel has moved to withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967), in which counsel raises a challenge to the sentence imposed. * The Honorable Laurie Smith Camp, United States District Judge for the District of Nebraska. The sentencing challenge fails, because in his plea agreement Villalobos- Delgado specifically agreed to receive a sentence of 120 months imprisonment. 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). We have carefully reviewed the record in accordance with Penson v. Ohio, 488 U.S. 75 (1988), and have found no nonfrivolous issues. Accordingly, we affirm the district court’s judgment, and we grant counsel leave to withdraw. ______________________________ -2-