Cazarez-Castro

United States v. Cazarez-Castro

Good Law
234 F. App'x 812
United States Court of Appeals for the Ninth CircuitJuly 16, 2007No. 06-10200California173 words

Lead Opinion

MEMORANDUM **

Jesus Octavio Cazarez-Castro appeals from his guilty-plea conviction and 42-month sentence imposed for illegal reentry after deportation, in violation of 8 U.S.C. § 1326 .

*813 Pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), Cazarez-Castro’s counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. Cazarez-Castro has filed a pro se supplemental brief to which the government has not filed a response.

Because our independent review of the briefs and 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 Cazarez-Castro waived his right to appeal, we enforce the waiver and dismiss the appeal. See United States v. Nguyen, 235 F.3d 1179, 1182 (9th Cir.2000).

Counsel’s motion to withdraw, contained in the Anders brief, is GRANTED.

DISMISSED.

This disposition is not appropriate for publication and is not precedent except as provid *813 ed by 9th Cir. R. 36-3.