United States of America v. Juan Carlos Rodriguez-Maynez

United States Court of Appeals
For the Eighth Circuit
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No. 15-2266
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Juan Carlos Rodriguez-Maynez
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: February 16, 2016
Filed: February 23, 2016
[Unpublished]
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Before LOKEN, MURPHY, and BYE, Circuit Judges.
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PER CURIAM.
Juan Carlos Rodriguez-Maynez directly appeals the sentence imposed by the
district court after he pleaded guilty to conspiring to smuggle bulk cash and1
The Honorable Dean Whipple, United States District Judge for the Western1
District of Missouri.

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conspiring to import cocaine. 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 Rodriguez-Maynez’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, 889-90 (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 under Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues for
appeal. We note, however, that the judgment incorrectly cites 21 U.S.C.
§ 960(b)(1)(3), and we order that the judgment be corrected to substitute section
960(b)(3) for section 960(b)(1)(3). See 28 U.S.C. § 2106 (appellate court may modify
any judgment brought before it for review).
According, we dismiss the appeal, we grant counsel’s motion to withdraw, and
we deny Rodriguez-Maynez’s motion for new counsel as moot.
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