Filed: Jul. 26, 2017
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 16-4432 _ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Damian Mata lllllllllllllllllllll Defendant - Appellant _ Appeal from United States District Court for the District of North Dakota - Fargo _ Submitted: July 24, 2017 Filed: July 26, 2017 [Unpublished] _ Before WOLLMAN, LOKEN, and BENTON, Circuit Judges. _ PER CURIAM. Damian Mata directly appeals after he pleaded guilty to a drug offense and the district co
Summary: United States Court of Appeals For the Eighth Circuit _ No. 16-4432 _ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Damian Mata lllllllllllllllllllll Defendant - Appellant _ Appeal from United States District Court for the District of North Dakota - Fargo _ Submitted: July 24, 2017 Filed: July 26, 2017 [Unpublished] _ Before WOLLMAN, LOKEN, and BENTON, Circuit Judges. _ PER CURIAM. Damian Mata directly appeals after he pleaded guilty to a drug offense and the district cou..
More
United States Court of Appeals
For the Eighth Circuit
___________________________
No. 16-4432
___________________________
United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Damian Mata
lllllllllllllllllllll Defendant - Appellant
____________
Appeal from United States District Court
for the District of North Dakota - Fargo
____________
Submitted: July 24, 2017
Filed: July 26, 2017
[Unpublished]
____________
Before WOLLMAN, LOKEN, and BENTON, Circuit Judges.
____________
PER CURIAM.
Damian Mata directly appeals after he pleaded guilty to a drug offense and the
district court1 imposed a sentence consistent with Mata’s Federal Rule of Criminal
1
The Honorable Ralph R. Erickson, United States District Judge for the District
of North Dakota.
Procedure 11(c)(1)(C) plea agreement, which contained an appeal waiver. Mata’s
counsel has moved for leave to withdraw, and has filed a brief under Anders v.
California,
386 U.S. 738 (1967), challenging the reasonableness of Mata’s sentence.
We conclude that the appeal waiver is valid, applicable, and enforceable. 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
independently reviewed the record, pursuant to Penson v. Ohio,
488 U.S. 75 (1988),
and have found no non-frivolous issues for appeal outside the scope of the waiver.
Accordingly, we dismiss this appeal, and we grant counsel’s motion for leave to
withdraw.
______________________________
-2-