United States of America Plaintiff - Appellee v. Alicia Ramirez-Medina Defendant - Appellant (2016)

Alicia Ramirez-Medina appeals the sentence that the district court ¹ imposed after she pleaded guilty to a drug offense. Her counsel has moved to withdraw and filed a brief under Anders v. California, 386 U.S. 738 (1967), asserting that the court imposed a procedurally flawed and substantively unreasonable sentence.

Ramirez-Medina pleaded guilty after entering into a written plea agreement containing an appeal waiver. We conclude that the appeal waiver is 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, 890-92 (8th Cir. 2003) (en banc) (discussing enforcement of appeal waivers). Furthermore, we have independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), and have found no non-frivolous issues for appeal. Accordingly, we grant counsel's motion and dismiss this appeal.

FOOTNOTES

1.   The Honorable Dean Whipple, United States District Judge for the Western District of Missouri.

PER CURIAM.