United States v. Marco Ceja

United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-1496 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Marco Antonio Ceja lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________ Submitted: November 10, 2015 Filed: November 17, 2015 [Unpublished] ____________ Before SMITH, BYE, and SHEPHERD, Circuit Judges. ____________ PER CURIAM. Marco Ceja directly appeals the sentence imposed by the district court1 after he pleaded guilty to conspiring to distribute methamphetamine and conspiring to commit 1 The Honorable E. Richard Webber, United States District Judge for the Eastern District of Missouri. money laundering. His counsel has moved to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the sentence was unreasonable. We conclude that Ceja’s appeal waiver should be enforced and that the waiver prevents consideration of his claim. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (de novo review of validity and applicability of appeal waiver); United States v. Andis, 333 F.3d 886, 889-90 (8th Cir. 2003) (en banc) (court should enforce appeal waiver and dismiss appeal where it falls within scope of waiver, plea agreement and waiver were entered into knowingly and voluntarily, and no miscarriage of justice would result). Having independently reviewed the record pursuant to Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues for appeal. Accordingly, we affirm the judgment of the district court, and we grant counsel’s motion to withdraw. ______________________________ -2-