Keith

United States v. Keith

Good Law
207 F. App'x 782
United States Court of Appeals for the Ninth CircuitNovember 15, 2006No. 05-10418California246 words

Opinion

Lead Opinion

MEMORANDUM **

David Keith appeals from his guilty-plea conviction and 121-month sentence im *783 posed for conspiracy to distribute a controlled substance, in violation of 21 U.S.C. §§ 846 , 841(a)(1) and (b)(l)(A)(iii).

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

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 Keith 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 appeal…

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