Background
Edis Odalis Centeno Banegas appealed his guilty-plea conviction and a one hundred eight month sentence for conspiracy to distribute and possess with intent to distribute fentanyl. He challenged the conviction and sentence under twenty-one United States Code sections eight hundred forty-one and eight hundred forty-six. His counsel filed a brief under Anders v. California stating there were no non-frivolous arguments for appeal.
The court’s reasoning
The panel conducted an independent review of the record to determine if the appeal waiver was enforceable. The court found no non-frivolous issues regarding the waiver’s validity. Consequently, the court dismissed the appeal and granted counsel’s motion to withdraw.
What it means going forward
The dismissal prevents further appellate review of the conviction and sentence, and counsel is relieved of representation duties.