United States v. Ruiz-Salazar

146 F. App'x 927

Opinion

MEMORANDUM

**

Armando Ruiz-Salazar appeals his guilty-plea conviction and 135-month sentence for conspiracy to possess with intent to distribute methamphetamine, in violation of 21 U.S.C. § 846.

Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), counsel for Ruiz-Salazar has filed a brief stating that there are no grounds for relief, and a motion to withdraw as counsel of record. Ruiz-Salazar filed a pro se supplemental brief and the government filed an answering brief.

We conduct an independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 83, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), and we dismiss in light of the valid appeal waiver. See United States v. Nguyen, 235 F.3d 1179, 1182 (9th Cir.2000) (stating that an appeal waiver is valid when it is entered into knowingly and voluntarily); see also United States v. Cardenas, 405 F.3d 1046, 1048 (9th Cir.2005) (holding that the changes in sentencing law imposed by United States v. Booker, — U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), did not render waiver of appeal involuntary and unknowing).

Counsel’s motion to withdraw is granted.

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 9th Cir. R. 36-3.