UNITED STATES v. BERMUDEZ (2020)

[Unpublished]

Angel Bermudez appeals the sentence the district court ¹ imposed after he pleaded guilty to a drug offense, pursuant to a 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), challenging the substantive reasonableness of Bermudez’s sentence and arguing the district court should have granted an additional 1-level reduction for acceptance of responsibility under U.S.S.G. § 3E1.1(b).

We conclude that the appeal waiver is valid, enforceable, and applicable to the issues raised in this appeal. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (stating that this court reviews de novo the validity and applicability of an appeal waiver); United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc) (stating that an appeal waiver will be enforced if the appeal falls within the scope of the waiver, the defendant knowingly and voluntarily entered into the plea agreement and the waiver, and enforcing the waiver would not result in a miscarriage of justice).

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 nonfrivolous issues for appeal outside the scope of the appeal waiver. Accordingly, we dismiss this appeal.

FOOTNOTES

1.   The Honorable James M. Moody Jr., United States District Judge for the Eastern District of Arkansas.

PER CURIAM.