United States of America v. Willian Alejandro Zacarias Perez, Spanish, also known as Erick Zacarias Perez, also…

23-3211Court of Appeals for the Eighth Circuit30.08.2024

Gesamter Gesetzestext

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 24-1727
___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Willian Alejandro Zacarias Perez, Spanish, also known as Erick Zacarias Perez,
also known as William Alejandro Zacarias Perez, also known as Alejandro Perez
Fernandez, also known as William Zacarias
lllllllllllllllllllllDefendant - Appellant
____________
Appeal from United States District Court
for the District of South Dakota - Western
____________
Submitted: August 13, 2024
Filed: August 23, 2024
[Unpublished]
____________
Before GRUENDER, SHEPHERD, and ERICKSON, Circuit Judges.
____________
PER CURIAM.

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Willian Perez appeals the sentence the district court1 imposed after he pleaded
guilty to drug conspiracy offenses, pursuant to a written plea agreement containing
an appeal waiver. His counsel has moved to withdraw, and has filed a brief under
Anders v. California, 386 U.S. 738 (1967), challenging the substantive
reasonableness of the sentence.
We conclude that the appeal waiver is valid, enforceable, and applicable to the
issues raised in this appeal. See United States v. Scott, 627 F.3d 702, 704 (8th Cir.
2010) (stating that this court reviews de novo the validity and applicability of an
appeal waiver); United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en
banc) (stating that an appeal waiver will be enforced if the appeal falls within the
scope of the waiver, the defendant knowingly and voluntarily entered into the plea
agreement and the waiver, and enforcing the waiver would not result in a 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 outside the scope of the
appeal waiver. Accordingly, we grant counsel leave to withdraw and dismiss this
appeal.
______________________________
1The Honorable Karen E. Schreier, United States District Judge for the District
of South Dakota.
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