From Casetext: Smarter Legal Research

United States v. Hanks

United States Court of Appeals, Ninth Circuit
Jan 17, 2006
163 F. App'x 549 (9th Cir. 2006)

Opinion


163 Fed.Appx. 549 (9th Cir. 2006) UNITED STATES of America, Plaintiff--Appellee, v. Jerry Danny HANKS, Defendant--Appellant. No. 04-10658. United States Court of Appeals, Ninth Circuit. January 17, 2006

Submitted Jan. 9, 2006.

This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the United States District Court for the District of Arizona, David G. Campbell, District Judge, Presiding. D.C. No. CR-04-00339-DGC.

Page 550.

Before: HUG, O'SCANNLAIN, and SILVERMAN, Circuit Judges.

MEMORANDUM

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.

Jerry Danny Hanks appeals from his guilty-plea conviction and 27-month sentence imposed for assault resulting in serious bodily injury, in violation of 18 U.S.C. §§ 1153 and 113(a)(6).

Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), counsel for Hanks 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 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 Hanks 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. The appeal is DISMISSED.


Summaries of

United States v. Hanks

United States Court of Appeals, Ninth Circuit
Jan 17, 2006
163 F. App'x 549 (9th Cir. 2006)
Case details for

United States v. Hanks

Case Details

Full title:UNITED STATES of America, Plaintiff--Appellee, v. Jerry Danny HANKS…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jan 17, 2006

Citations

163 F. App'x 549 (9th Cir. 2006)

Citing Cases

United States v. Hanks

The Honorable Ronald S.W. Lew, Senior United States District Judge for the Central District of California,…