United States v. Tuvera

MEMORANDUM ** Emily Tuvera appeals from her guilty-plea conviction and 41-month sentence im *625 posed for possession of a controlled substance with intent to distribute, in violation of 21 U.S.C. §§ 841 (a)(1), (b)(l)(A)(viii). Pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), counsel for Tuvera has filed a brief stating there are no grounds for relief, and 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 Tuvera knowingly and voluntarily waived her 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 into knowingly and voluntarily). DISMISSED. This disposition is not appropriate for publication and may not be cited to or by the *625 courts of this circuit except as provided by 9 th Cir. R. 36-3.