21-3149•United States of America v. Uriel Ramirez-Manzanares
21-3149Court of Appeals for the Eighth Circuit28 de abr. de 2023
United States Court of Appeals
For the Eighth Circuit
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No. 22-3176
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Uriel Ramirez-Manzanares
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Western District of Arkansas
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Submitted: March 29, 2023
Filed: April 7, 2023
[Unpublished]
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Before COLLOTON, KELLY, and GRASZ, Circuit Judges.
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PER CURIAM.
Uriel Ramirez-Manzanares appeals the sentence imposed by the district court1
after he pled guilty to possessing methamphetamine with intent to distribute, pursuant
1The Honorable Susan O. Hickey, Chief Judge, United States District Court for
the Western District of Arkansas.
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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 U.S. 738 (1967).
Upon careful review, we conclude the appeal waiver is valid, enforceable, and
applicable to the sentencing issues raised in this appeal. See United States v. Scott,
627 F.3d 702, 704 (8th Cir. 2010) (reviewing validity and applicability of appeal
waiver de novo); United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en
banc) (holding an appeal waiver should be enforced if the appeal falls within the
scope of the waiver, the defendant knowingly and voluntarily entered in the plea
agreement, and its enforcement would not result in a miscarriage of justice). 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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