Orozco

United States v. Orozco

Good Law
12 F. App'x 565
United States Court of Appeals for the Ninth CircuitJune 25, 2001No. 98-10379; D.C. No. CR 97-00608-GEBCalifornia423 words

Opinion

Lead Opinion

MEMORANDUM **

Ignacio Orozco appeals his guilty plea conviction and 168-month sentence imposed for conspiracy to distribute methamphetamine, in violation of 18 U.S.C. §§ 841 (a) and 846.

Pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), Orozco’s counsel submitted a brief stating that he found no meritorious issues for review. Appellant has not filed a supplemental pro se brief.

Counsel raises the potential issue of whether Orozco waived his right to appeal pursuant to his plea agreement. We review de novo the validity of a waiver of appellate rights. See United States v. Buchanan, 59 F.3d 914, 917-18 (9th Cir.1995). Although Orozco’s plea agreement contained a waiver of appeal, at sentencing, the district court reinstated the right to appeal with the government’s consent. *566 Because the district court’s oral pronouncement controls over a written waiver, we conclude that Orozco’s appeal is properly before this court. See id. (stating that the court’s unequivocal statement at sentencing reinstated the right to appeal).

Counsel next raises the potential issue of whether counsel at Orozco’s plea hearing and subsequent counsel at sentencing…

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