U.S. Court of Appeals for the Ninth Circuit, 2002

United States v. Garcia-Villegas

United States v. Garcia-Villegas
U.S. Court of Appeals for the Ninth Circuit · Decided August 16, 2002
44 F. App'x 269

United States v. Garcia-Villegas

Opinion of the Court

MEMORANDUM **

Martin Garcia-Villegas appeals his conviction, pursuant to a guilty plea, and sentence for illegal reentry after deportation in violation of 8 U.S.C. § 1326(a) with a sentencing enhancement pursuant to 8 U.S.C. § 1326(b)(2).

Garcia-Villegas’s attorney has filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 *270(1967), and has moved to withdraw as counsel of record.

Because our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 83-84, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), 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. Garcia-Villegas’s request for substitution of counsel is denied.

DISMISSED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.

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