Cuevas-Ramirez

United States v. Cuevas-Ramirez

Good Law
203 F. App'x 147
United States Court of Appeals for the Ninth CircuitOctober 18, 2006No. 05-10216California253 words

Opinion

Lead Opinion

MEMORANDUM **

Francisco Javier Cuevas-Ramirez appeals from his guilty-plea conviction and 135-month sentence for conspiracy to possess with intent to distribute 1000 kilograms or more of marijuana, in violation of 21 U.S.C. §§ 846 and 841(a)(1), (b)(l)(A)(viii).

Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), counsel for Cuevas-Ramirez has filed a brief stating there are no grounds *148 for relief, and 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 (1988), indicates that Cuevas-Ramirez 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…

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