UNITED STATES v. CHAVEZ SOTO (2020)

United States Court of Appeals, Eighth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Angel N. CHAVEZ-SOTO, Defendant-Appellant.

No. 20-1524

Decided: November 13, 2020

Before BENTON, KELLY, and GRASZ, Circuit Judges. David J. Guastello, The Guastello Law Firm, Kansas City, MO, for defendant-appellant. David A. Raskin, Asst. U.S. Atty., Kansas City, MO, for plaintiff-appellee.

[Unpublished]

Angel Chavez-Soto appeals after he pleaded guilty to a drug offense, pursuant to a plea agreement containing an appeal waiver, and the district court ¹ sentenced him to a prison term below the advisory Guidelines range. His counsel has moved for leave to withdraw and 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 his sentence.

We conclude that the appeal waiver is valid, applicable, and enforceable. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (de novo review of validity and applicability of appeal waivers); United States v. Andis, 333 F.3d 886, 889–92 (8th Cir. 2003) (en banc) (appeal waiver should be enforced if appeal falls within scope of waiver, defendant knowingly and voluntarily entered into plea agreement and waiver, and enforcing waiver would not result in miscarriage of justice). Furthermore, we have independently reviewed the record pursuant to Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), and have found no nonfrivolous issues for appeal outside the scope of the appeal waiver.

Accordingly, we grant counsel's motion for leave to withdraw and dismiss this appeal.

FOOTNOTES

1.   The Honorable Stephen R. Bough, United States District Judge for the Western District of Missouri.

PER CURIAM.