210 F. App'x 741

UNITED STATES of America, Plaintiff-Appellee, v. Luis Antonio LUEVANOS-CELIS, aka Luis Antonio Luevanos-Seles aka Luis Antonio Luevanos, Defendant-Appellant.

No. 05-10768.

United States Court of Appeals, Ninth Circuit.

Submitted Dec. 4, 2006.*

Filed Dec. 12, 2006.

Claire Kiehl Lefkowitz, Esq., USTU— Office of the U.S. Attorney Evo A. Deconcini U.S. Courthouse, Tucson, AZ, for Plaintiff-Appellee.

Luis Antonio Luevanos-Celis, Florence, AZ, pro se.

David A. Aguilar, Esq., Law Office of David A. Aguilar, Tucson, AZ, for Defendant-Appellant.

Before: GOODWIN, RYMER, and FISHER, Circuit Judges.

MEMORANDUM **

Luis Antonio Luevanos-Celis appeals from his guilty-plea conviction and 51-month sentence imposed illegal re-entry after deportation, in violation of 8 U.S.C. § 1326.

Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), counsel for Luevanos-Celis has filed a brief stating there are no grounds for relief, and a motion to withdraw as counsel of record.

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 Luevanos-Celis 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.

The government’s motion to dismiss is GRANTED.

DISMISSED.

United States v. Luevanos-Celis
210 F. App'x 741

Case Details

Name
United States v. Luevanos-Celis
Decision Date
Dec 12, 2006
Citations

210 F. App'x 741

Jurisdiction
United States

References

Referencing

Nothing yet... Still searching!

Referenced By

Nothing yet... Still searching!