United States of America Plaintiff - Appellee v. Emmanuel Suarez Defendant - Appellant (2016)

United States Court of Appeals, Eighth Circuit.

United States of America Plaintiff - Appellee v. Emmanuel Suarez Defendant - Appellant

No. 15-3620

Decided: June 20, 2016

Before COLLOTON, GRUENDER, and KELLY, Circuit Judges.

Emmanuel Suarez appeals after he pled guilty to drug and gun charges pursuant to a plea agreement, and the district court ¹ sentenced him to prison terms totaling 120 months. His counsel has moved for leave to withdraw and has filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that Suarez's plea was not knowing and voluntary. We conclude that counsel's argument presents no meritorious basis for reversing. See United States v. Foy, 617 F.3d 1029, 1033-34 (8th Cir. 2010) (claim that guilty plea was not knowing and voluntary is not cognizable on direct appeal where defendant failed to present it to district court in first instance by motion to withdraw guilty plea). Furthermore, having independently reviewed the record pursuant to Penson v. Ohio, 488 U.S. 75 (1988), we find no non-frivolous issues for appeal.

Accordingly, we grant counsel's motion for leave to withdraw, and we affirm.

FOOTNOTES

1. The Honorable E. Richard Webber, United States District Judge for the Eastern District of Missouri.

PER CURIAM.

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