UNITED STATES v. AGUILAR (2018)

[Unpublished]

Alvaro Aguilar directly appeals the within-Guidelines-range sentence the district court ¹ imposed after he pled guilty to a drug offense, pursuant to a written plea agreement containing an appeal waiver. His counsel has filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), arguing that the appeal waiver is unenforceable, but conceding that there are no non-frivolous arguments for appeal. Counsel has also moved for leave to withdraw.

Upon careful review, we decline to enforce the appeal waiver. See United States v. Boneshirt, 662 F.3d 509, 515-16 (8th Cir. 2011). Having independently reviewed the record pursuant to Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no non-frivolous issues for appeal. Accordingly, we grant counsel leave to withdraw, and we affirm.

FOOTNOTES

1.   The Honorable Richard H. Kyle, United States District Judge for the District of Minnesota.

PER CURIAM.