United States v. Jorge Rodriguez-Gonzalez ( 2024 )

United States Court of Appeals
For the Eighth Circuit
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No. 24-1811
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United States of America
Plaintiff - Appellee
v.
Jorge A. Rodriguez-Gonzalez
Defendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - Kansas City
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Submitted: September 27, 2024
Filed: October 7, 2024
[Unpublished]
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Before GRASZ, STRAS, and KOBES, Circuit Judges.
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PER CURIAM.
Jorge Rodriguez-Gonzalez received a 240-month prison sentence after he
pleaded guilty to participating in a drug conspiracy. See 21 U.S.C. §§ 841(a)(1),
(b)(1)(B), 846. In the plea agreement, he waived the right to appeal his sentence.
An Anders brief suggests the district court 1 miscalculated the advisory range. See
Anders v. California, 386 U.S. 738 (1967).
Upon careful review, we conclude that the appeal waiver is enforceable and
covers this issue. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010)
(reviewing the validity of an appeal waiver de novo); United States v. Andis, 333
F.3d 886, 889–92 (8th Cir. 2003) (en banc) (explaining that an appeal waiver will
be enforced if the appeal falls within its scope, the defendant knowingly and
voluntarily entered into the plea agreement and the waiver, and enforcing the waiver
would not result in a miscarriage of justice). We have also independently reviewed
the record and conclude that no other non-frivolous issues exist. See Penson v. Ohio,
488 U.S. 75, 82–83 (1988). We accordingly dismiss the appeal, grant counsel
permission to withdraw, and deny the pro se motion for reconsideration.
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1
The Honorable David Gregory Kays, United States District Judge for the
Western District of Missouri.
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