United States v. Chimeo-Reyes

23 F. App'x 883
Court of Appeals for the Ninth Circuit·Decided January 24, 2002·No. No. 01-10136; D.C. No. CR-99-01080-JMR·Published·Cited by 3 cases

Opinion

MEMORANDUM **

Leoncio Chimeo-Reyes, aka Chino, appeals his conviction by guilty plea and sentence for conspiracy to harbor and transport illegal aliens, in violation of 8 U.S.C. §§ 1324(a)(1)(A)(v)(1) and (a)(1)(B)(I). Chimeo-Reyes’ attorney has filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and a motion to withdraw on the ground that the appeal is without merit and frivolous.

Chimeo-Reyes’ plea agreement contains an express waiver of the right to appeal the judgment and sentence. Because our [884] independent review of the record indicates that the plea agreement, including the waiver of the right to appeal, was entered knowingly and voluntarily, United States v. Aguilar-Muniz, 156 F.3d 974, 976 (9th Cir.1998), we enforce the waiver, GRANT counsel’s motion to withdraw, and DISMISS the appeal,

Footnotes

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United States v. Chimeo-Reyes, 23 F. App'x 883 (9th Cir. 2002).

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