Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation and good law / bad law checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
United States v. Floriberto Estrada-Bahena, Also Known as Heriberto Estrada-Bahena
Citations: 201 F.3d 1070; 2000 U.S. App. LEXIS 981; 2000 WL 76574Docket: 99-3280
Court: Court of Appeals for the Eighth Circuit; January 27, 2000; Federal Appellate Court
Floriberto Estrada-Bahena appeals his sentence following a guilty plea for re-entering the United States without authorization after being deported for an aggravated felony, in violation of 8 U.S.C. § 1326(a) and (b)(2). His counsel filed an Anders brief and sought to withdraw, noting that Estrada-Bahena did not submit a pro se supplemental brief despite being permitted to do so. As part of his plea agreement, Estrada-Bahena waived his right to appeal unless the district court imposed a sentence above the Guidelines range. The court determined that this waiver was valid, as it was made knowingly and voluntarily. Estrada-Bahena was represented by counsel and had an interpreter during the hearings. The court confirmed his understanding of the waiver during both the change-of-plea and sentencing hearings, and the plea agreement outlined a maximum sentence significantly higher than what he received. Since Estrada-Bahena's sentence did not exceed the Guidelines range, the court dismissed his appeal, enforcing the waiver. The motion for his counsel to withdraw was also granted. Circuit Judge Bright concurred, agreeing that Estrada-Bahena was not entitled to relief on appeal. However, he expressed concern regarding the enforcement of the appeal waiver due to claims of ineffective assistance of counsel, suggesting that the merits of the appeal should be considered, although ultimately agreeing with the dismissal since Estrada-Bahena could not succeed on appeal regardless.