United States v. Yovanny Mendivil-Balderrama ( 2019 )

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 18-1602
___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Yovanny Aroldo Mendivil-Balderrama
lllllllllllllllllllllDefendant - Appellant
____________
Appeal from United States District Court
for the Western District of Missouri - Springfield
____________
Submitted: June 21, 2019
Filed: July 3, 2019
[Unpublished]
____________
Before KELLY, BOWMAN, and GRASZ, Circuit Judges.
____________
PER CURIAM.
Yovanny Mendivil-Balderrama directly appeals after he pleaded guilty in the
district court1 to drug and firearm offenses, pursuant to a plea agreement containing
1
The Honorable Roseann A. Ketchmark, United States District Judge for the
Western District of Missouri.
an appeal waiver. His counsel has moved for leave to withdraw, and has filed a brief
under Anders v. California, 386 U.S. 738 (1967), suggesting that the district court
imposed a substantively unreasonable 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 (1988), and have found no non-frivolous issues for appeal outside the
scope of the appeal waiver. Accordingly, we grant counsel’s motion, and we dismiss
this appeal.
______________________________
-2-