United States v. Fernandez-Alvarez

MEMORANDUM ** Jesus Fernandez-Alvarez appeals from his guilty-plea conviction and 70-month sentence for being a deported alien found in the United States, 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 Fernandez-Alvarez has filed a brief stating there are no grounds for relief, and a motion to withdraw as *686 counsel of record. Fernandez-Alvarez has filed a pro se supplemental brief. The government filed an answering brief to which Fernandez-Alvarez filed a reply 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 Fernandez-Alvarez 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 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.