Opinion
The 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NOT FOR PUBLICATION.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)
Defendant was convicted, in the United States District Court for the District of Arizona, Roger G. Strand, J., of illegal reentry following deportation, and he appealed. The Court of Appeals held that waiver of right to appeal was enforceable.
Dismissed.
Appeal from the United States District Court for the District of Arizona Roger G. Strand, District Judge, Presiding.
Before HAWKINS, TASHIMA and GOULD, Circuit Judges.
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 9th Cir. R. 36-3.
Enrique Gonzalez-Martinez appeals his 54-month sentence and conviction by
Page 647.
guilty plea to a violation of 8 U.S.C. § 1326. Gonzalez-Martinez's attorney has filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), stating that she finds no viable issues to raise on Gonzalez's behalf. Gonzalez did not file a pro se supplemental brief.
Because Gonzalez-Martinez knowingly and voluntarily waived his right to appeal and was sentenced within the terms of the plea agreement, we lack jurisdiction to consider his appeal. United States v. Martinez, 143 F.3d 1266, 1270-72 (9th Cir.1998) (enforcing waiver of right to appeal where waiver is knowing and voluntary and sentence is in accordance with plea agreement). Accordingly counsel's motion to withdraw is GRANTED and the appeal is DISMISSED.