United States Court of Appeals
For the Eighth Circuit
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No. 15-2401
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Juan Rodriguez-Ponce
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - Kansas City
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Submitted: November 16, 2015
Filed: November 18, 2015
[Unpublished]
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Before LOKEN, BOWMAN, and COLLOTON, Circuit Judges.
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PER CURIAM.
Juan Rodriguez-Ponce directly appeals after he pleaded guilty to federal
drug-conspiracy and cash-smuggling charges, and the district court1 sentenced him
1
The Honorable Dean Whipple, United States District Judge for the Western
District of Missouri.
within the calculated Guidelines range. His counsel has moved to withdraw, and has
filed a brief under Anders v. California, 386 U.S. 738 (1967), raising challenges to
the reasonableness of the sentence that was imposed.
After careful de novo review, see United States v. Scott, 627 F.3d 702, 704 (8th
Cir. 2010), we will enforce the appeal waiver that is included in Rodriguez-Ponce’s
written plea agreement, because the claims raised in this appeal fall within the scope
of the waiver, Rodriguez-Ponce’s testimony at the plea hearing shows that he entered
into the plea agreement and the appeal waiver knowingly and voluntarily, and
dismissing the appeal based on the waiver will not result in a miscarriage of justice,
see United States v. Andis, 333 F.3d 886, 889-90 (8th Cir. 2003) (en banc). Further,
having independently reviewed the record pursuant to Penson v. Ohio, 488 U.S. 75
(1988), we find no nonfrivolous issues that fall outside the scope of the appeal
waiver.
This appeal is dismissed, and we grant counsel’s motion to withdraw.
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