United States v. Daniel Valle ( 2023 )

United States Court of Appeals
For the Eighth Circuit
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No. 23-1418
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United States of America,
lllllllllllllllllllllPlaintiff - Appellee,
v.
Daniel Espinoza Valle,
lllllllllllllllllllllDefendant - Appellant.
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Appeal from United States District Court
for the Southern District of Iowa - Central
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Submitted: May 16, 2023
Filed: May 19, 2023
[Unpublished]
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Before COLLOTON, ERICKSON, and KOBES, Circuit Judges.
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PER CURIAM.
Daniel Espinoza Valle appeals the judgment in his criminal case. Valle
pleaded guilty to a drug trafficking offense and a charge of carrying a firearm during
and relation to the drug offense. The district court1 imposed a total sentence of 180
months. Valle’s counsel has moved to withdraw, and filed a brief under Anders v.
California, 386 U.S. 738 (1967), raising the issue of whether the district court erred
in denying Valle’s motion to suppress.
Valle’s plea agreement included a waiver of the right to appeal. On careful
review, we conclude that the appeal waiver is valid, enforceable, and applicable to the
issues raised in this appeal. See United States v. Andis, 333 F.3d 886, 889-92 (8th
Cir. 2003) (en banc).
We have 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
grant counsel’s motion to withdraw.
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1
The Honorable Stephanie M. Rose, Chief Judge, United States District Court
for the Southern District of Iowa.
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