United States v. F. Reyes Rivera

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 05-2833
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United States of America, *
*
Appellee, * Appeal from the United States
* District Court for the District
v. * of Nebraska.
*
Francisco Reyes Rivera, * [UNPUBLISHED]
*
Appellant. *
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Submitted: May 19, 2006
Filed: May 23, 2006
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Before MELLOY, FAGG, and BENTON, Circuit Judges.
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PER CURIAM.
Francisco Reyes Rivera pleaded guilty to possessing with intent to distribute
50 grams or more of methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and
(b)(1). The district court* sentenced Rivera to 120 months in prison and 5 years of
supervised release. On appeal, Rivera’s counsel filed a brief under Anders v.
California, 386 U.S. 738 (1967), in which he requests leave to withdraw.
*
The Honorable Richard G. Kopf, United States District Judge for the District
of Nebraska.
Rivera’s plea agreement contains a valid appeal waiver. See United States v.
Andis, 333 F.3d 886, 889-90 (8th Cir.) (en banc), cert. denied, 540 U.S. 997 (2003);
United States v. Estrada-Bahena, 201 F.3d 1070, 1071 (8th Cir. 2000) (per curiam)
(enforcing appeal waiver in Anders case). Having reviewed the record independently
for any nonfrivolous issues not covered by the appeal waiver, and finding none, we
enforce the waiver, dismiss this appeal, and grant counsel’s request to withdraw.
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