United States v. Alvaro Aguilar ( 2018 )

United States Court of Appeals
For the Eighth Circuit
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No. 17-2220
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Alvaro Rodrigo Cuellar Aguilar
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the District of Minnesota - St. Paul
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Submitted: February 13, 2018
Filed: April 3, 2018
[Unpublished]
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Before LOKEN, KELLY, and ERICKSON, Circuit Judges.
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PER CURIAM.
Alvaro Aguilar directly appeals the within-Guidelines-range sentence the
district court1 imposed after he pled guilty to a drug offense, pursuant to a written plea
1
The Honorable Richard H. Kyle, United States District Judge for the District
of Minnesota.
agreement containing an appeal waiver. His counsel has filed a brief under Anders
v. California, 386 U.S. 738 (1967), arguing that the appeal waiver is unenforceable,
but conceding that there are no non-frivolous arguments for appeal. Counsel has also
moved for leave to withdraw.
Upon careful review, we decline to enforce the appeal waiver. See United
States v. Boneshirt, 662 F.3d 509, 515-16 (8th Cir. 2011). 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 grant counsel leave to withdraw, and we
affirm.
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