United States v. Jaime Guerrero-Robledo

United States Court of Appeals
For the Eighth Circuit
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No. 16-4336
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United States of America

lllllllllllllllllllll Plaintiff - Appellee

v.

Jaime Guerrero-Robledo

lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the District of Nebraska - Lincoln
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Submitted: July 14, 2017
Filed: July 25, 2017
[Unpublished]
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Before GRUENDER, BOWMAN, and SHEPHERD, Circuit Judges.
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PER CURIAM.

Jaime Guerrero-Robledo challenges the sentence the district court1 imposed
after he pled guilty to an immigration offense, pursuant to a plea agreement that

1
The Honorable John M. Gerrard, United States District Judge for the District
of Nebraska.
contained an appeal waiver. His counsel has filed a brief under Anders v. California,
386 U.S. 738 (1967), asking the court to disregard the appeal waiver, and arguing that
the sentence is substantively unreasonable. Counsel also seeks leave to withdraw.

Upon careful review, we conclude that the appeal waiver is valid, applicable,
and enforceable. 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, 889-92 (8th Cir. 2003) (en banc) (appeal waiver will be enforced if
appeal falls within scope of waiver, defendant knowingly and voluntarily entered into
plea agreement and waiver, and enforcing waiver would not result in miscarriage of
justice). In addition, we have independently reviewed the record, pursuant to Penson
v. Ohio, 488 U.S. 75 (1988), and have found no non-frivolous issues for appeal
outside the scope of the waiver. Accordingly, we dismiss this appeal, and we grant
counsel leave to withdraw.
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