United States v. Torres

168 F. App'x 182

• Court: Court of Appeals for the Ninth Circuit
• Decided: February 17, 2006
• Docket: No. 04-10661
• Status: Published

Opinion

MEMORANDUM

**

Josué Torres appeals from his guilty-plea conviction and 120-month sentence imposed for conspiracy to distribute 50 grams or more of methamphetamine, in violation of 21 U.S.C. §§ 841(b)(l)(A)(viii) and 846. We have jurisdiction pursuant to 28 U.S.C. § 1291.

Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), counsel for Torres has filed a brief stating there are no grounds for relief, and a motion to withdraw as counsel of record. Torres 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 Torres knowingly and voluntarily waived his right to appeal his sentence, 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); see also United States v. Cardenas, 405 F.3d 1046, 1048 (9th Cir.2005) (noting that the changes in sentencing law imposed by United States v. Booker, 543 U.S. 220, 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, 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.