History
  • No items yet
midpage
United States v. Feliciano Lopez-Castillo
705 F. App'x 484
| 8th Cir. | 2017
|
Check Treatment
|
Docket

*1 Before GRUENDER, BOWMAN, and BENTON, Circuit Judges.

____________

PER CURIAM.

Feliciano Lopez-Castillo directly appeals the sentence the district court [1] imposed after he pled guilty to a drug offense. His counsel moves for leave to *2 withdraw, and has submitted a brief under Anders v. California , 386 U.S. 738 (1967). The government has filed a motion to dismiss based on the appeal waiver. Having jurisdiction under 28 U.S.C. § 1291, this court dismisses the appeal.

Counsel challenges the calculation of Lopez-Castillo’s Guidelines imprisonment range, but concedes that the appeal waiver is applicable and enforceable. This court concludes 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). The record establishes that Lopez-Castillo entered into the plea agreement and the appeal waiver knowingly and voluntarily, that the arguments on appeal fall within the scope of the waiver, and that no miscarriage of justice would result from enforcing the waiver. See United States v. Andis , 333 F.3d 886, 889–92 (8th Cir. 2003) (en banc). An independent review of the record reveals no non-frivolous issues for appeal outside the scope of the waiver. See Penson v. Ohio , 488 U.S. 75 (1988).

The appeal is dismissed. Counsel’s motion to withdraw is granted. ______________________________

-2-

[1] The Honorable Joan N. Ericksen, United States District Court Judge for the District of Minnesota.

Case Details

Case Name: United States v. Feliciano Lopez-Castillo
Court Name: Court of Appeals for the Eighth Circuit
Date Published: Dec 12, 2017
Citation: 705 F. App'x 484
Docket Number: 17-2105
Court Abbreviation: 8th Cir.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.