United States v. Floriberto Estrada-Bahena, 201 F.3d 1070 (8th Cir. 2000). · Go Syfert
United States v. Floriberto Estrada-Bahena, 201 F.3d 1070 (8th Cir. 2000). Cases Citing This Book View Copy Cite
147 citation events (142 in the last 25 years) across 3 distinct courts.
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At page 1071 Enforcing appeal waivers in plea agreements132 citing casesright to appeal1 citing court put it this way · 129 listed here
  • United States v. Eric Mack, 541 F. App'x 716 (8th Cir. 2013).unpublished
    See United States v. Andis, 333 F.3d 886, 889-92 (8th Cir.2003) (en banc); United States v. Estradar-Bahena, 201 F.3d 1070, 1071 (8th Cir.2000) (per curiam) (enforcing appeal waiver in Anders case). *717 Finally, having independently revie…
  • United States v. David Soto-Quintero, 515 F. App'x 617 (8th Cir. 2013).unpublished
    See United States v. Jennings, 662 F.3d 988, 990 (8th Cir.2011) (discussing enforceability of appeal waivers), cert. denied, — U.S.-, 132 S.Ct. 2407 , 182 L.Ed.2d 1043 (2012); United States v. Estrada-Bahena, 201 F.3d 1070, 1071 (8th Cir.2…
  • United States v. Derone Coleman, 511 F. App'x 587 (8th Cir. 2013).unpublished
    See United States v. Jennings, 662 F.3d 988, 990 (8th Cir.2011) (discussing appeal waivers), cert. denied, — U.S.-, 132 S.Ct. 2407 , 182 L.Ed.2d 1043 (2012); United States v. Estrada-Bahena, 201 F.3d 1070, 1071 (8th Cir.2000) (per curiam)…
  • United States v. Quentin Thompson, 485 F. App'x 853 (8th Cir. 2012).unpublished
    See United States v. Andis, 333 F.3d 886, 889-92 (8th Cir.2003) (en banc) (criteria for enforcing appeal waiver); see also Blackledge v. Allison, 431 U.S. 63, 74 , 97 S.Ct. 1621 , 52 L.Ed.2d 136 (1977) (solemn declarations in open court ca…
  • United States v. William Salmons, 470 F. App'x 527 (8th Cir. 2012).unpublished
    See United States v. Andis, 333 F.3d 886, 889-92 (8th Cir.2003) (en banc) (criteria for enforcing appeal waiver); United States v. Estrada-Bahena, 201 F.3d 1070, 1071 (8th Cir.2000) (per curiam) (enforcing appeal waiver in Anders case).
  • United States v. Eric Reedus, 477 F. App'x 406 (8th Cir. 2012).unpublished
    See United States v. Jennings, 662 F.3d 988, 990 (8th Cir.2011) (discussing enforcement of appeal waivers); see also United States v. Sisco, 576 F.3d 791, 796 (8th Cir.2009) (enforcing appeal waiver and finding no miscarriage of justice in…
  • United States v. Shannon Barritt, 415 F. App'x 737 (8th Cir. 2011).unpublished
    See United States v. Andis, 333 F.3d 886, 889-92 (8th Cir.2003) (en banc) (criteria for enforcing appeal waiver); *738 United States v. Greger, 98 F.3d 1080, 1081 (8th Cir.1996) (so long as sentence is not in conflict with negotiated plea…
  • United States v. Margie Shephard, 412 F. App'x 920 (8th Cir. 2011).unpublished
    See United States v. Andis, 333 F.3d 886, 889-92 (8th Cir.) (en banc) (describing the circumstances under which the appellate court should enforce an appeal waiver and dismiss the appeal), cert. denied, 540 U.S. 997 , 124 S.Ct. 501 , 157 L…
  • United States v. Dajuan Harris, 406 F. App'x 86 (8th Cir. 2011).unpublished
    See United States v. Andis, 333 F.3d 886, 889-92 (8th Cir.2003) (en banc) (court should enforce appeal waiver and dismiss appeal where it falls within scope of waiver, both plea agreement and waiver were entered into knowingly and voluntar…
  • United States v. Kelvin L. Stinson, 403 F. App'x 122 (8th Cir. 2010).unpublished
    See United States v. Andis, 333 F.3d 886, 890-92 (8th Cir.2003) (en banc) (enforceability of appeal waiver); United States v. Estrada-Bahena, 201 F.3d 1070, 1071 (8th Cir.2000) (per curiam) (enforcing appeal waiver in Anders case).
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Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Floriberto ESTRADA-BAHENA, Also Known as Heriberto Estrada-Bahena, Appellant
99-3280.
Court of Appeals for the Eighth Circuit.
Jan 27, 2000.
Published opinion
201 F.3d 1070
2000 U.S. App. LEXIS 981
2000 WL 76574
David J. Chapman, Fargo, ND, argued, for Appellant., Appellee appeared pro se.
Loken, Bright, Hansen.
Cited by 137 opinions  |  Published
Reporter's Syllabus editorial summary, not part of the Court's opinion

Appeal from the United States District Court for the District of North Dakota.

Before Loken, Bright, and Hansen, Circuit Judges.

PER CURIAM.

Lead Opinion

PER CURIAM.

Floriberto Estrada-Bahena challenges the sentence imposed by the district court[1] after he pleaded guilty to being found in the United States without the Attorney General’s consent, after having been convicted of an aggravated felony and deported, in violation of 8 U.S.C. § 1326(a) and (b)(2). His counsel has filed a brief and moved to withdraw pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Although we granted Estrada-Bahena permission to file a pro se supplemental brief, he has not done so.

As part of his plea agreement, Estrada-Bahena waived his right to appeal his sentence unless the district court departed upward from the Guidelines range. We conclude that this waiver was knowing and voluntary because, among other things, Estrada-Bahena was assisted by counsel and an interpreter at the change-of-plea and sentencing hearings; the court questioned him about the appeal waiver at the change-of-plea hearing, verifying that he understood he was waiving his right to appeal as part of the plea bargain, that he had reviewed the agreement with his counsel with the assistance of an interpreter, and that he wanted the court to adopt the agreement; the court reminded him of the appeal waiver again at sentencing; and the plea agreement and the presentence report advised him of a maximum possible sentence well in excess of that which he ultimately received. See United States v. Michelsen, 141 F.3d 867, 871-72 (8th Cir.) (appeal waiver is enforceable so long as it resulted from knowing and voluntary decision; examining personal characteristics of defendant and circumstances surrounding plea agreement when assessing knowledge and voluntariness of waiver), cert. denied, — U.S. -, 119 S.Ct. 363, 142 L.Ed.2d 299 (1998); United States v. Greger, 98 F.Sd 1080, 1081-82 (8th Cir.1996) (so long as sentence is not in conflict with negotiated plea agreement, knowing and voluntary waiver of right to appeal from sentence will be enforced; appeal waiver was valid where it was included in plea agreement, it was discussed at change-of-plea hearing, court imposed sentence without objection from defendant, and court reviewed appeal waiver at sentencing).

Accordingly, because Estrada-Bahena’s sentence was not an upward departure from the Guidelines range, we now specifically enforce his promise not to appeal by dismissing his appeal. See United States v. Williams, 160 F.3d 450, 452 (8th Cir. 1998) (per curiam). We also grant his counsel’s motion to withdraw.

1

The Honorable Rodney S. Webb, Chief Judge, United States District Court for the District of North Dakota.

Concurrence

BRIGHT, Circuit Judge,

concurring separately.

I concur in the result that the appellant is entitled to no relief on his appeal. On the merits, Estrada-Bahena shows no violation of his constitutional rights in the imposition of his sentence.

[*1072] I disagree that the waiver of appeal should apply here. The appellant claims his counsel provided him ineffective assistance. While we do not decide that claim, the assertion and evidence in the file suggests that the waiver of an appeal should not apply here. In these circumstances, we should consider the appeal on its merits. However, since Estrada-Bahena cannot succeed on his appeal in any event, I concur in the result.