United States v. Sarabia

145 F. App'x 616

• Court: Court of Appeals for the Ninth Circuit
• Decided: October 18, 2005
• Docket: No. 04-50396; D.C. No. CR-02-00074-VAP-01
• Status: Published

Opinion

MEMORANDUM

**

Jesus Sarabia appeals his guilty plea conviction and 240-month sentence imposed for conspiracy to manufacture and possess with intent to distribute methamphetamine, in violation of 21 U.S.C. § 846, possession with intent to sell methamphetamine, in violation of 21 U.S.C. § 841(a)(1), and felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1).

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

Counsel’s motion to withdraw is GRANTED, and the 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 9th Cir. R. 36-3.