United States of America v. Ricardo Nelson Muro

United States Court of Appeals
For the Eighth Circuit
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No. 24-3369
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Ricardo Nelson Muro
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the District of Nebraska - Omaha
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Submitted: April 28, 2025
Filed: May 1, 2025
[Unpublished]
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Before LOKEN, ERICKSON, and STRAS, Circuit Judges.
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PER CURIAM.
Ricardo Muro appeals the sentence the district court1 imposed after he pled
guilty to a drug offense pursuant to a binding plea agreement containing an appeal
1The Honorable Brian C. Buescher, United States District Judge for the District
of Nebraska.

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waiver. His counsel has moved for leave to withdraw and has filed a brief under
Anders v. California, 386 U.S. 738 (1967), challenging the sentence.
We conclude that the appeal waiver is applicable to the issues raised in this
appeal. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (standard of
review); 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 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 dismiss this appeal and grant counsel leave to
withdraw.
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