United States of America v. Nefer Raul Ariza

United States Court of Appeals
For the Eighth Circuit
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No. 16-1742
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Nefer Raul Ariza
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the District of Minnesota - St. Paul
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Submitted: January 26, 2017
Filed: January 31, 2017
[Unpublished]
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Before LOKEN, BOWMAN, and KELLY, Circuit Judges.
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PER CURIAM.

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After pleading guilty to a drug offense, Nefer Ariza appeals the district court’s1
below-Guidelines sentence. His counsel has moved to withdraw and has filed a brief
under Anders v. California, 386 U.S. 38 (1967).
We conclude that Ariza’s appeal waiver should be enforced and 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, 889-92 (8th Cir. 2003) (en banc) (appeal waiver will be
enforced if appeal falls within scope of waiver, defendant knowingly and voluntarily
entered into waiver and plea agreement, and enforcing waiver would not result in
miscarriage of justice). Having independently reviewed the record pursuant to
Penson v. Ohio, 488 U.S. 75 (1988), we find no non-frivolous issues for appeal.
Accordingly, we dismiss the appeal and grant counsel’s motion to withdraw.
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The Honorable Michael J. Davis, United States District Judge for the District1
of Minnesota.
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