27 F. App'x 810

UNITED STATES of America, Plaintiff—Appellee, v. Julio Cesar ESTRADA-GONZALEZ, Defendant—Appellant.

No. 01-10086.

D.C. No. CR-00-01238-SMM.

United States Court of Appeals, Ninth Circuit.

Submitted Nov. 5, 2001.*

Decided Nov. 14, 2001.

Before KLEINFELD, McKEOWN, and FISHER, Circuit Judges.

MEMORANDUM **

Julio Estrada-Gonzalez appeals his conviction by guilty plea and sentence for *811illegal re-entry after deportation in violation of 8 U.S.C. § 1326(a), with a sentencing enhancement pursuant to 8 U.S.C. § 1326(b)(2). Estrada-Gonzalez’s attorney has filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and a motion to withdraw on the ground that the appeal is without merit and frivolous.

Estrada-Gonzalez’s plea agreement contains an express waiver of the right to appeal the judgment and sentence. Because our independent review of the record indicates that the plea agreement, including the waiver of the right to appeal, was entered knowingly and voluntarily, United States v. Aguilar-Muniz, 156 F.3d 974, 976 (9th Cir.1998), we enforce the waiver, GRANT counsel’s motion to withdraw, and DISMISS the appeal.

United States v. Estrada-Gonzalez
27 F. App'x 810

Case Details

Name
United States v. Estrada-Gonzalez
Decision Date
Nov 14, 2001
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27 F. App'x 810

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United States

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