Nunez-Carranza

United States v. Nunez-Carranza

Good Law
44 F. App'x 799
United States Court of Appeals for the Ninth CircuitAugust 15, 2002No. 01-50134; D.C. No. CR-00-00619-FMCCalifornia257 words

Opinion

Lead Opinion

MEMORANDUM **

Albino Nunez-Carranza appeals his guilty-plea conviction and 37-month sen *800 tence for conspiracy to possess cocaine with the intent to distribute, in violation of 21 U.S.C. § 846 , and being found in the United States after removal, in violation of 8 U.S.C. § 1326 .

Nunez-Carranza’s counsel has filed a brief pursuant Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), and has moved to withdraw as counsel of record. Nunez-Carranza has not filed a pro se supplemental brief.

The only issue identified by counsel was whether the district court abused its discretion by denying Nunez-Carranza’s motion to withdraw his guilty plea. Counsel correctly rejected this issue because statements made during the plea hearing carry a strong presumption of veracity. See United States v. Rubalcaba, 811 F.2d 491, 494 (9th Cir.1987). As such, the district court did not abuse its discretion, and Nunez-Carranza’s plea was voluntarily and knowingly made.

Moreover, our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 82-83 , 109 S.Ct. 346 , 102 L.Ed.2d 300 (1988) indicates the plea agreement was entered knowingly and voluntarily. See…

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