Ortiz-Domingo

United States v. Ortiz-Domingo

Good Law
54 F. App'x 660
United States Court of Appeals for the Ninth CircuitJanuary 16, 2003No. 01-10621; D.C. No. CR-01-00033-FRZCalifornia323 words

Opinion

Lead Opinion

MEMORANDUM **

Jorge E. Ortiz-Domingo appeals from his guilty plea conviction and 24-month sentence imposed for illegal re-entry following deportation, in violation of 8 U.S.C. § 1326 . Pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), Ortiz-Domingo’s counsel has filed a brief stating that there are no arguable issues for review, and a motion to withdraw as counsel of record. Ortiz-Domingo has filed a pro se supplemental brief.

Ortiz-Domingo entered a conditional guilty plea pursuant to Fed.R.Crim.P. 11(a)(2) waiving all appeal rights except those expressly reserved. See United States v. Arzate-Nunez, 18 F.3d 730, 737 (9th Cir.1994). Having independently reviewed the record pursuant to Penson v. Ohio, 488 U.S. 75 , 109 S.Ct. 346 , 102 L.Ed.2d 300 (1988), we are satisfied that the plea agreement, including the waiver of the right to appeal, was entered knowingly and voluntarily. See United States v. Aguilar-Muniz, 156 F.3d 974, 976 (9th Cir.1998). Because the issues Ortiz-Domingo raises in his supplemental brief were not expressly reserved, we enforce the waiver and grant the motion to withdraw.

As Ortiz-Domingo notes, the judgment references…

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