United States v. Alvaro Aguilar

• Court: Court of Appeals for the Eighth Circuit
• Decided: April 3, 2018
• Docket: 17-2220
• Status: Unpublished

Opinion

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Submitted: February 13, 2018 Filed: April 3, 2018 [Unpublished] ____________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

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