25 F. App'x 656

UNITED STATES of America, Plaintiff-Appellee, v. Francisco VALENCIA-MERCADO, Defendant-Appellant.

No. 01-10195. D.C. No. CR-00-01087-SMM.

United States Court of Appeals, Ninth Circuit.

Submitted Jan. 14, 2002 *.

Decided Jan. 24, 2002.

Before KLEINFELD, HAWKINS and SILVERMAN, Circuit Judges.

MEMORANDUM **

Francisco Valencia-Mercado appeals the judgment of conviction and 32-month sentence imposed following his guilty plea to unlawful reentry of a deported alien. His attorney has filed a motion to withdraw as counsel of record pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and a brief stating that counsel cannot identify any nonfrivolous issues for review. Because our independent review of the record and the briefs on appeal pursuant to Penson v. Ohio, 488 U.S. 75, 82-83, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), indicates that Valencia-Mercado 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. United States v. Martinez, 143 F.3d 1266, 1270-72 (9th Cir.1998) (enforcing waiver of right to appeal where waiver is knowing and voluntary and sentence is in accordance with plea agreement).

Counsel’s motion to withdraw is GRANTED, and the appeal is DISMISSED.

United States v. Valencia-Mercado
25 F. App'x 656

Case Details

Name
United States v. Valencia-Mercado
Decision Date
Jan 24, 2002
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25 F. App'x 656

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United States

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