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United States v. Romero-Diaz

United States Court of Appeals, Ninth Circuit
Dec 27, 2006
213 F. App'x 616 (9th Cir. 2006)

Opinion

Submitted December 21, 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NOT FOR PUBLICATION.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)

Claire Kiehl Lefkowitz, Esq., USTU--Office of the U.S. Attorney, Evo A. DeConcini U.S. Courthouse, Tucson, AZ, for Plaintiff-Appellee.

Francisco Leon, Esq., Tucson, AZ, for Defendant-Appellant.


Appeal from the United States District Court for the District of Arizona. David C. Bury, District Judge, Presiding. D.C. No. CR-05-01206-DCB.

Before: GOODWIN, WALLACE, and LEAVY, 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.

Martin Francisco Romero-Diaz appeals from his guilty-plea conviction and 62-month sentence imposed for illegal reentry after deportation, in violation of 8 U.S.C. § 1326(a), with a sentencing enhancement pursuant to § 1326(b).

Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), counsel for Romero-Diaz 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) (stating that an appeal waiver is valid when entered into knowingly and voluntarily).

Counsel's motion to withdraw is GRANTED, and the appeal is DISMISSED.


Summaries of

United States v. Romero-Diaz

United States Court of Appeals, Ninth Circuit
Dec 27, 2006
213 F. App'x 616 (9th Cir. 2006)
Case details for

United States v. Romero-Diaz

Case Details

Full title:UNITED STATES of America, Plaintiff-Appellee, v. Martin Francisco…

Court:United States Court of Appeals, Ninth Circuit

Date published: Dec 27, 2006

Citations

213 F. App'x 616 (9th Cir. 2006)

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