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United States v. Nefer Ariza
674 F. App'x 597
| 8th Cir. | 2017
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Docket

*1 Before LOKEN, BOWMAN, and KELLY, Circuit Judges.

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PER CURIAM.

After pleading guilty to a drug offense, Nefer Ariza appeals the district court’s [1] below-Guidelines sentence. His counsel has moved to withdraw and has filed a brief under Anders v. California, 386 U.S. 38 (1967).

We conclude that Ariza’s appeal waiver should be enforced and prevents consideration of his claim. 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, 889-92 (8th Cir. 2003) (en banc) (appeal waiver will be enforced if appeal falls within scope of waiver, defendant knowingly and voluntarily entered into waiver and plea agreement, and enforcing waiver would not result in miscarriage of justice). 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 dismiss the appeal and grant counsel’s motion to withdraw.

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[1] The Honorable Michael J. Davis, United States District Judge for the District of Minnesota. -2-

Case Details

Case Name: United States v. Nefer Ariza
Court Name: Court of Appeals for the Eighth Circuit
Date Published: Jan 31, 2017
Citation: 674 F. App'x 597
Docket Number: 16-1742
Court Abbreviation: 8th Cir.
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