Opinion
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NOT FOR PUBLICATION.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)
Consuelo S. Woodhead, Esq., Becky S. Walker, Esq., Office of the U.S. Attorney, Los Angeles, CA, for Plaintiff--Appellee.
Phillip I. Bronson, Esq., Law Offices of Phillip I. Bronson, Encino, CA, for Defendant--Appellant.
George Bahamondes, Big Spring, TX, pro se.
Appeal from the United States District Court for the Central District of California, Edward Rafeedie, District Judge, Presiding. D.C. No. CR-04-00757-ER.
Before: PREGERSON, T.G. NELSON, and GRABER, Circuit Judges.
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.
George Bahamondes appeals from his guilty-plea conviction and 63-month sentence for conspiracy, aiding and abetting, and making false statements, in violation of 18 U.S.C. §§ 2, 371, and 1001.
Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967),
Page 494.
counsel for Bahamondes has filed a brief stating there are no grounds for relief, and a motion to withdraw as counsel of record. Bahamondes filed a declaration of trial counsel indicating a potential issue for appeal.
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 Bahamondes 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. All other pending motions are denied.
DISMISSED.