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U.S. v. Campos-Lopez

United States Court of Appeals, Ninth Circuit
Jul 29, 2002
41 F. App'x 986 (9th Cir. 2002)

Opinion


41 Fed.Appx. 986 (9th Cir. 2002) UNITED STATES of America, Plaintiff--Appellee, v. Fermin CAMPOS-LOPEZ, Defendant--Appellant. No. 01-10511. D.C. No. CR-01-00580-MHM. United States Court of Appeals, Ninth Circuit. July 29, 2002

Submitted July 22, 2002.

This panel unanimously finds this case suitable for decision without oral argument. 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NOT FOR PUBLICATION.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, Mary H. Murguia, Distict Judge, Presiding.

Before BROWNING, KOZINSKI, and BERZON, 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 may be provided by Ninth Circuit Rule 36-3.

Fermin Campos-Lopez appeals his guilty plea conviction and the 57-month sentence imposed for illegal re-entry after deportation, in violation of 8 U.S.C. § 1326. Campos-Lopez's attorney has moved to withdraw pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), on the ground that the appeal presents no arguable issues.

As part of his plea agreement, Campos-Lopez waived his right to appeal the judgment and sentence. Because he received a sentence consistent with the plea agreement, and there is no evidence that the waiver of the right to appeal was not knowing or was not voluntary, we enforce the waiver and dismiss the appeal. United States v. Aguilar-Muniz, 156 F.3d 974, 976 (9th Cir.1998).

Because our independent review of the record discloses no arguable issues, counsel's motion to withdraw is granted and the appeal is

DISMISSED.


Summaries of

U.S. v. Campos-Lopez

United States Court of Appeals, Ninth Circuit
Jul 29, 2002
41 F. App'x 986 (9th Cir. 2002)
Case details for

U.S. v. Campos-Lopez

Case Details

Full title:UNITED STATES of America, Plaintiff--Appellee, v. Fermin CAMPOS-LOPEZ…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jul 29, 2002

Citations

41 F. App'x 986 (9th Cir. 2002)