Plaza-Razo

United States v. Plaza-Razo

Good Law
155 F. App'x 358
United States Court of Appeals for the Ninth CircuitDecember 12, 2005No. 05-10077California247 words

Opinion

Lead Opinion

MEMORANDUM **

Ricardo Plaza-Razo appeals his guilty-plea conviction and 63-month sentence im *359 posed for illegal re-entry into the United States following deportation, in violation of 8 U.S.C. § 1326 (a) enhanced by § 1326(b)(2).

Pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), counsel for Plaza-Razo has filed a brief stating there are no grounds for relief, and a motion to withdraw as counsel of record. No pro se supplemental brief has been filed. 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 PlazaRazo 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 waiver of…

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