Hernandez

United States v. Hernandez

Good Law
175 F. App'x 863
United States Court of Appeals for the Ninth CircuitApril 10, 2006No. 04-50136California282 words

Opinion

Lead Opinion

MEMORANDUM **

Juan Bueno Hernandez appeals from his conviction and 240-month sentence following a guilty plea to conspiracy to possess with intent to distribute and to distribute methamphetamine, and possession with intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 841 (a) and 846.

*864 Pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), counsel for Hernandez 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.

Our examination of the brief and independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 83 , 109 S.Ct. 346 , 102 L.Ed.2d 300 (1988), disclose no grounds for relief. Also, the record indicates that Hernandez knowingly and voluntarily waived his right to appeal his sentence. We will enforce the waiver because Hernandez was sentenced within the terms of the plea agreement. 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…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.