United States v. Mario Garmoo ( 2021 )

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 21-2387
___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Mario R. Garmoo
lllllllllllllllllllllDefendant - Appellant
____________
Appeal from United States District Court
for the District of North Dakota - Western
____________
Submitted: December 23, 2021
Filed: December 29, 2021
[Unpublished]
____________
Before BENTON, KELLY, and KOBES, Circuit Judges.
____________
PER CURIAM.
Mario Garmoo appeals the sentence the district court1 imposed after he pleaded
guilty to drug offenses pursuant to a plea agreement containing an appeal waiver. His
1
The Honorable Daniel M. Traynor, United States District Judge for the District
of North Dakota.
counsel has moved to withdraw and has filed a brief under Anders v. California, 386
U.S. 738 (1967), challenging the reasonableness of Garmoo’s sentence. Upon careful
review, we conclude that the appeal waiver is valid, enforceable, and applicable to the
issue raised in this appeal. 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 plea agreement and waiver, and enforcing waiver would not result in
miscarriage of justice).
We have also independently reviewed the record under Penson v. Ohio, 488
U.S. 75 (1988), and have found no non-frivolous issues for appeal falling outside the
scope of the waiver. Accordingly, we dismiss this appeal based on the appeal waiver,
and we grant counsel’s motion to withdraw.
______________________________
-2-