United States v. Murillo

MEMORANDUM ** Jesus Murillo, Jr. appeals from his guilty-plea conviction and 110-month sentence imposed for being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922 (g)(1) & 924(a)(2), and possession with intent to distribute a controlled substance, in violation of 21 U.S.C. §§ 841 (a)(1) & (b)(1)(C). Pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), Murillo’s counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. No pro se supplemental brief or answering brief has been filed. 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 Murillo 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 is not precedent except as provided by 9th Cir. R. 36-3.