Opinion
No. 06-1433.
Submitted: January 4, 2007.
Filed: January 11, 2007.
Appeal from the United States District Court for the District of Nebraska.
Russell X. Mayer, U.S. Attorney's Office, Omaha, NE, for Appellee.
Glenn Alan Shapiro, Gallup Schaefer, Omaha, NE, for Appellant.
Raul Ramirez, Omaha, NE, pro se.
Before MURPHY, BYE, and MELLOY, Circuit Judges.
Raul Ramirez appeals the 60-month sentence that the district court 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.
The Honorable Joseph F. Bataillon, Chief Judge, United States District Court for the District of Nebraska.
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 non-frivolous 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.