United States v. Braulio Arizmendiz-Contreras ( 2015 )

United States Court of Appeals
For the Eighth Circuit
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No. 14-3749
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Braulio Arizmendiz-Contreras, also known as Carlos Arizmendiz-Salido, also
known as Miguel Rivera
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the District of Nebraska - Omaha
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Submitted: May 6, 2015
Filed: May 12, 2015
[Unpublished]
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Before WOLLMAN, LOKEN, and BENTON, Circuit Judges.
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PER CURIAM.
Braulio Arizmendiz-Contreras appeals the sentence the district court1 imposed
after he pleaded guilty to an immigration offense. His counsel has moved for leave
to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967),
arguing that Arizmendiz-Contreras’s sentence is unreasonable, and acknowledging
an appeal waiver in Arizmendiz-Contreras’s plea agreement.
After careful de novo review, we enforce the appeal waiver. See United States
v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc) (enforcement of appeal
waivers); United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (standard of
review). Having independently reviewed the record pursuant to Penson v. Ohio, 488
U.S. 75 (1988), we find no nonfrivolous issues outside the scope of the appeal
waiver. Accordingly, the appeal is dismissed, and we grant counsel’s motion for
leave to withdraw.
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1
The Honorable Joseph F. Bataillon, United States District Judge for the
District of Nebraska.
-2-