U.S. v. Perez-Chavira

Full title: UNITED STATES of America, Plaintiff--Appellee, v. Jesus PEREZ-CHAVIRA…

Court: United States Court of Appeals, Ninth Circuit

Date published: Feb 21, 2002

32 F. App'x 258 (9th Cir. 2002)

Opinion

32 Fed.Appx. 258 (9th Cir. 2002) UNITED STATES of America, Plaintiff--Appellee, v. Jesus PEREZ-CHAVIRA, Defendant--Appellant. No. 01-10248. D.C. No. CR-01-00138-JAT. United States Court of Appeals, Ninth Circuit. February 21, 2002

Submitted February 11, 2002. ^*

* 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NOT FOR PUBLICATION.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 James A. Teilborg, District Judge, Presiding.

Before B. FLETCHER, T.G. NELSON, and TALLMAN, 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.

Jesus Perez-Chavira appeals his conviction by guilty plea and sentence for illegal re-entry after deportation in violation of 8 U.S.C. § 1326(a), with a sentencing enhancement pursuant to 8 U.S.C. § 1326(b)(2). Perez-Chavira'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), and a motion to withdraw on the ground that there are no issues that arguably support relief on appeal.

Perez-Chavira's plea agreement contains an express waiver of the right to

Page 259.

appeal the judgment and sentence. Because our independent review of the record indicates that the plea agreement, including the waiver of the right to appeal, was entered knowingly and voluntarily, United States v. Aguilar-Muniz, 156 F.3d 974, 976 (9th Cir.1998), we enforce the waiver, GRANT counsel's motion to withdraw, and DISMISS the appeal.