Valdez-Lopez

United States v. Valdez-Lopez

Good Law
155 F. App'x 270
United States Court of Appeals for the Ninth CircuitNovember 18, 2005No. 05-50014; D.C. No. CR-04-00079-SJO-01California252 words

Opinion

Lead Opinion

MEMORANDUM **

Pedro Valdez-Lopez appeals his 21-month sentence imposed following a guilty plea to assault of a federal officer, in violation of 18 U.S.C. § 111 (a)(1)(b).

Pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), counsel for Valdez-Lopez has filed a brief stating there are no grounds for relief, and a motion to withdraw as counsel of record. Valdez-Lopez has not filed a pro se supplemental brief and the government has not filed an answering brief.

*271 Because 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 that Valdez-Lopez knowingly and voluntarily waived his right to appeal and was sentenced within the terms of the plea agreement, we enforce the waiver and dismiss the appeal. See United States v. Nguyen, 235 F.3d 1179 , 1182 (9th Cir.2000) (stating that an appeal waiver is valid when it is entered knowingly and voluntarily); see also United States v. Cardenas, 405 F.3d 1046, 1048 (9th Cir. 2005) (noting that the changes in sentencing law imposed by United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), did not render…

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