United States v. Matthews

63 F. App'x 989

• Court: Court of Appeals for the Ninth Circuit
• Decided: May 21, 2003
• Docket: No. 02-10224
• Status: Published

Opinion

MEMORANDUM

**

Leslie Matthews appeals her 51-month sentence imposed following her guilty-plea conviction for mail fraud, in violation of 18 U.S.C. §§ 1341 and 2. Matthews’ counsel filed a motion to withdraw as counsel of record and a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Matthews has not filed a pro se supplemental brief, and the government did not file an answering brief.

Based upon our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we conclude that Matthews was sentenced within the terms of her plea agreement and has knowingly and voluntarily waived her right to appeal. See United States v. Nguyen, 235 F.3d 1179, 1182-83 (9th Cir.2000); United States v. Martinez, 143 F.3d 1266, 1270-72 (9th Cir.1998). We therefore lack jurisdiction over this appeal. See United States v. Vences, 169 F.3d 611, 613 (9th Cir.1999).

Accordingly, counsel’s motion to withdraw as counsel of record is GRANTED, and this appeal is DISMISSED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.