United States v. Amesheo D. Cannon

1The Honorable Joseph F. Bataillon, Chief Judge, United States District Court
for the District of Nebraska.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 06-1433
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* District of Nebraska.
Raul Ramirez, *
* [UNPUBLISHED]
Appellant. *
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Submitted: January 4, 2007
Filed: January 11, 2007
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Before MURPHY, BYE, and MELLOY, Circuit Judges.
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PER CURIAM.
Raul Ramirez appeals the 60-month sentence that the district court 1 imposed
after he pleaded guilty to possessing a firearm during a drug-trafficking crime, in
violation of 18 U.S.C. § 924(c)(1)(A)(i). Invoking Anders v. California, 386 U.S. 738
(1967), his counsel has moved to withdraw, filing a brief in which he raises a
challenge to the sentence imposed.

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Ramirez cannot challenge his sentence, however, because he specifically
stipulated to it in his written plea agreement. See United States v. Nguyen, 46 F.3d
781, 783 (8th Cir. 1995) (defendant who explicitly and voluntarily exposes himself
to specific sentence may not challenge that punishment on appeal). Further, having
carefully reviewed the record in accordance with Penson v. Ohio, 488 U.S. 75 (1988),
we find no nonfrivolous issues.
Accordingly, we affirm the judgment. We also grant counsel’s motion to
withdraw on condition that he show that he has informed Ramirez of the procedures
for petitioning the Supreme Court for certiorari, in compliance with Part V of our plan
to implement the Criminal Justice Act.
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