United States of America v. Julian Mix-Perez

United States Court of Appeals
For the Eighth Circuit
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No. 17-2707
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Julian Mix-Perez
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the District of Nebraska - Omaha
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Submitted: April 16, 2018
Filed: April 30, 2018
[Unpublished]
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Before GRUENDER, MURPHY, and BENTON, Circuit Judges.
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PER CURIAM.

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Julian Mix-Perez directly appeals the sentence the district court imposed after1
he pleaded guilty, pursuant to a plea agreement containing an appeal waiver, to drug
trafficking and using interstate facilities to promote unlawful activity. Mix-Perez’s
counsel has moved to withdraw, and has filed a brief under Anders v. California, 386
U.S. 738 (1967), arguing that the sentence was substantively unreasonable.
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). Having independently reviewed the record under Penson v. Ohio, 488 U.S.
75 (1988), we find no nonfrivolous issues for appeal falling outside the scope of the
appeal waiver.
Accordingly, we grant counsel’s motion to withdraw, and we dismiss this
appeal.
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The Honorable John M. Gerrard, United States District Judge for the District1
of Nebraska.
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