Filed: Aug. 12, 2019
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 18-3370 _ United States of America Plaintiff - Appellee v. Blanca Yvette Rojo Defendant - Appellant _ Appeal from United States District Court for the Western District of Missouri - Kansas City _ Submitted: August 7, 2019 Filed: August 12, 2019 [Unpublished] _ Before LOKEN, GRUENDER, and STRAS, Circuit Judges. _ PER CURIAM. Blanca Rojo pleaded guilty to conspiracy to distribute methamphetamine, 21 U.S.C. §§ 841(a)(1), (b)(1)(C), 846. As
Summary: United States Court of Appeals For the Eighth Circuit _ No. 18-3370 _ United States of America Plaintiff - Appellee v. Blanca Yvette Rojo Defendant - Appellant _ Appeal from United States District Court for the Western District of Missouri - Kansas City _ Submitted: August 7, 2019 Filed: August 12, 2019 [Unpublished] _ Before LOKEN, GRUENDER, and STRAS, Circuit Judges. _ PER CURIAM. Blanca Rojo pleaded guilty to conspiracy to distribute methamphetamine, 21 U.S.C. §§ 841(a)(1), (b)(1)(C), 846. As ..
More
United States Court of Appeals
For the Eighth Circuit
___________________________
No. 18-3370
___________________________
United States of America
Plaintiff - Appellee
v.
Blanca Yvette Rojo
Defendant - Appellant
____________
Appeal from United States District Court
for the Western District of Missouri - Kansas City
____________
Submitted: August 7, 2019
Filed: August 12, 2019
[Unpublished]
____________
Before LOKEN, GRUENDER, and STRAS, Circuit Judges.
____________
PER CURIAM.
Blanca Rojo pleaded guilty to conspiracy to distribute methamphetamine, 21
U.S.C. §§ 841(a)(1), (b)(1)(C), 846. As part of her plea agreement, she waived her
right to appeal unless, as relevant here, her sentence exceeded the statutory
maximum. The district court 1 gave her a 144-month sentence, which is below the
statutory maximum. See
id. § 841(b)(1)(C). In an Anders brief, Rojo’s counsel
suggests that her sentence is substantively unreasonable and requests permission to
withdraw. See Anders v. California,
386 U.S. 738 (1967). Rojo has separately
moved for the appointment of new appellate counsel.
We review the validity and applicability of an appeal waiver de novo. See
United States v. Scott,
627 F.3d 702, 704 (8th Cir. 2010). Upon careful review, we
conclude that the appeal waiver is enforceable and that it is applicable to the issue
raised on appeal. See 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
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 and
conclude that no other non-frivolous issues exist. See Penson v. Ohio,
488 U.S. 75
(1988). Accordingly, we dismiss the appeal, grant counsel permission to withdraw,
and deny Rojo’s motion seeking new counsel.
______________________________
1
The Honorable Greg Kays, United States District Judge for the Western
District of Missouri.
-2-