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United States v. Alvaro Aguilar, 17-2220 (2018)

Court: Court of Appeals for the Eighth Circuit Number: 17-2220 Visitors: 31
Filed: Apr. 03, 2018
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 17-2220 _ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Alvaro Rodrigo Cuellar Aguilar lllllllllllllllllllll Defendant - Appellant _ Appeal from United States District Court for the District of Minnesota - St. Paul _ Submitted: February 13, 2018 Filed: April 3, 2018 [Unpublished] _ Before LOKEN, KELLY, and ERICKSON, Circuit Judges. _ PER CURIAM. Alvaro Aguilar directly appeals the within-Guidelines-range sentenc
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                   United States Court of Appeals
                              For the Eighth Circuit
                          ___________________________

                                  No. 17-2220
                          ___________________________

                               United States of America

                          lllllllllllllllllllll Plaintiff - Appellee

                                             v.

                           Alvaro Rodrigo Cuellar Aguilar

                        lllllllllllllllllllll Defendant - Appellant
                                        ____________

                      Appeal from United States District Court
                       for the District of Minnesota - St. Paul
                                   ____________

                             Submitted: February 13, 2018
                                Filed: April 3, 2018
                                   [Unpublished]
                                   ____________

Before LOKEN, KELLY, and ERICKSON, Circuit Judges.
                           ____________

PER CURIAM.

       Alvaro Aguilar directly appeals the within-Guidelines-range sentence the
district court1 imposed after he pled guilty to a drug offense, pursuant to a written plea


      1
      The Honorable Richard H. Kyle, United States District Judge for the District
of Minnesota.
agreement containing an appeal waiver. His counsel has filed a brief under Anders
v. California, 
386 U.S. 738
(1967), arguing that the appeal waiver is unenforceable,
but conceding that there are no non-frivolous arguments for appeal. Counsel has also
moved for leave to withdraw.

       Upon careful review, we decline to enforce the appeal waiver. See United
States v. Boneshirt, 
662 F.3d 509
, 515-16 (8th Cir. 2011). Having independently
reviewed the record pursuant to Penson v. Ohio, 
488 U.S. 75
(1988), we find no non-
frivolous issues for appeal. Accordingly, we grant counsel leave to withdraw, and we
affirm.
                        ______________________________




                                        -2-

Source:  CourtListener

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