Beltran-Zamudio
United States v. Beltran-Zamudio
Opinion
Lead Opinion
MEMORANDUM **
Rodolfo Beltran-Zamudio appeals from his guilty-plea conviction and 30-month *654 sentence for possession of a controlled substance with intent to distribute, in violation of 21 U.S.C. §§ 841 (a)(1) and (b)(1)(A).
Pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), counsel for Beltran-Zamudio has filed a brief stating that he finds no grounds for relief, along with a motion to withdraw as counsel of record. No pro se supplemental brief or answering 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 (1998), indicates that Beltran-Zamudio 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 into knowingly and voluntarily).
All pending motions are denied as moot.
Counsel’s motion to withdraw is GRANTED, and the appeal is DISMISSED.