United States Court of Appeals For the Eighth Circuit ___________________________ No. 20-2615 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Jorge Guzman-Araujo, also known as Luciano Lopez Valenzuela, also known as Jorge Guzman, also known as Luciano Valenzuela Lopez lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Kansas City ____________ Submitted: April 22, 2021 Filed: April 27, 2021 [Unpublished] ____________ Before SHEPHERD, GRASZ, and KOBES, Circuit Judges. ____________ PER CURIAM. Jorge Guzman-Araujo appeals the sentence the district court1 imposed after he pleaded guilty to drug and immigration offenses, pursuant to a plea agreement containing an appeal waiver. His counsel has moved for leave to withdraw, and has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the 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) (validity and applicability of an appeal waiver is reviewed de novo); United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc) (appeal waiver will be enforced if the appeal falls within the scope of the waiver, 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 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. ______________________________ 1 The Honorable Greg Kays, United States District Judge for the Western District of Missouri. -2- 20-2615 Court of Appeals for the Eighth Circuit ca8 8th Cir. United States v. Jorge Guzman-Araujo 27 April 2021 Unpublished d7edf238bb51e4177da904d1476d81e5892c2b37
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