United States v. Donan

U.S. Court of Appeals for the Ninth Circuit
United States v. Donan, 155 F. App'x 328 (9th Cir. 2005)

United States v. Donan

Opinion of the Court

MEMORANDUM **

David Jackson Donan appeals his guilty-plea conviction and 87-month sentence for travel with .intent to engage in a sexual act with a juvenile, in violation of 18 U.S.C. § 2243(b).

Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), counsel for Donan has filed a brief stating there are no grounds for relief, and a motion to withdraw as counsel of record. Donan has not filed a pro se supplemental 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 Donan 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); see also United States v. Cardenas, 405 F.3d 1046, 1048 (9th Cir. 2005) (noting that the changes in sentencing law imposed by United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), did not render waiver of appeal involuntary and unknowing).

Counsel’s motion to withdraw is GRANTED, and 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.

Reference

Full Case Name
UNITED STATES of America, Plaintiff—Appellee v. David Jackson DONAN, Defendant—Appellant
Status
Published