U.S. Court of Appeals for the Ninth Circuit, 2006

United States v. Gutierrez

United States v. Gutierrez
U.S. Court of Appeals for the Ninth Circuit · Decided July 26, 2006 · Alarcón, Hawkins, Thomas
191 F. App'x 621

United States v. Gutierrez

Opinion of the Court

MEMORANDUM **

Juan Carlos Becerra Gutierrez appeals from his guilty-plea conviction and 120-month sentence for possession with intent to distribute more than 50 grams of cocaine base, in violation of 21 U.S.C. §§ 841(a)(1), (b)(l)(A)(iii), and 846.

Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), counsel for Becerra Gutierrez has filed a brief stating that he finds 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.

We dismiss in light of the valid appeal waiver. See United States v. Nguyen, 235 F.3d 1179, 1182 (9th Cir. 2000) (appeal waiver valid when entered into knowingly and voluntarily).

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.

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