Background
Severo De La Torre-Sanchez received a forty-two-month sentence after pleading guilty to unlawfully reentering the United States following a conviction for an aggravated felony and deportation. He challenged the sentence in the district court and on appeal, arguing it was too long and substantively unreasonable.
The court’s reasoning
The court concluded that an enforceable appeal waiver covered both the Anders brief arguments and the pro se filing arguments. The court noted that appeal waivers are enforced if the appeal falls within the scope, the defendant knowingly and voluntarily entered the plea agreement and waiver, and enforcement would not result in a miscarriage of justice. The court also independently reviewed the record and found no other non-frivolous issues.
What it means going forward
The appeal is dismissed, and counsel is granted permission to withdraw.
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