United States of America v. Julian Fuentes

United States Court of Appeals
For the Eighth Circuit
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No. 24-1985
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Julian Fuentes
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the District of South Dakota - Western
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Submitted: September 20, 2024
Filed: September 25, 2024
[Unpublished]
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Before LOKEN, GRUENDER, and SHEPHERD, Circuit Judges.
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PER CURIAM.
Julian Fuentes appeals after he pleaded guilty to conspiring to distribute
methamphetamine pursuant to a plea agreement that includes an appeal waiver. His
counsel has moved to withdraw, and has filed a brief under Anders v. California, 386

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U.S. 738 (1967), arguing that the district court1 erred by applying a leadership
enhancement.
Upon careful review, we conclude that the appeal waiver is valid, enforceable,
and applicable to the issue raised in this appeal. See United States v. Scott, 627 F.3d
702, 704 (8th Cir. 2010); United States v. Andis, 333 F.3d 886, 889-92 (8th Cir.
2003) (en banc). To the extent Fuentes intended to raise an ineffective-assistance-of-
counsel claim, we decline to consider it because the record is not adequately
developed. See United States v. Ramirez-Hernandez, 449 F.3d 824, 826-27 (8th Cir.
2006). We have also independently reviewed the record under Penson v. Ohio, 488
U.S. 75 (1988), and have found no non-frivolous issues for appeal outside the scope
of the appeal waiver. Accordingly, we grant counsel’s motion to withdraw, and we
dismiss the appeal.
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1The Honorable Roberto Lange, Chief Judge, United States District Court for
the District of South Dakota.
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