Free Mandate of 9th Circuit - District Court of Arizona - Arizona

- UNITED STATES COURT OF APPEALS
. FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 05-10364
D.C. No. CR—04-00319-SRB
Plaintiff- Appellee, ‘
V. I
JUDGMENT
ABELARDO SEPULVEDA-URIBE,
I Defendant - Appellant. A
Appeal from the United States District Court for the District of Arizona
. (Phoenix). l ` ~ _
On consideration whereof, it is now here ordered and adjudged by this
Court, that the appeal in this cause be', and hereby is DISMISSED.
Filed and entered 04/ I0/06
A TRUE coe? Q, 2 é
ATTEST I S 1;
A CATHY A. cA%I£5R 0r%ii Li
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Case 2:O4—cr—OO319—SRB Document 128 Filed O7/27/2006 Page 1 of 3

• ` " •
NOT FOR PUBLICATION
i _ UNITED STATES COURT OF APPEALS F I L E D
- _ FOR THE NINTH CIRCUIT y
y . APR 10 2006
omrso srt-xrss or AMERICA, NO. 05-10364 °**U?é% Plaintiff- Appellee, D.C. No. CR-04-00319-SRB ‘ i _
MEMoRANDUM* y I
ABELARDO SEPULVEDA—URIBE,
Defendant - Appellant. l
Appeal from the United States District Court
for the District of Arizona
Susan R. Bolton, District Judge, Presiding
p Submitted April 5, 2006**
Before: HAWKINS, McKEOWN, and PAEZ, Circuit Judges. I
. Abelardo Sepulveda-Uribe appeals from his guilty—plea conviction and 48-
month sentence for possession of cocaine with intent to distribute, and being an
illegal alien in possession of a firearm, in violation of 21 U.S.C. §§ 841 (a)(l),
. * 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.
** This panel unanimously finds this case suitable for decision without
oral argument. See Fed. R. App. P. 34(a)(2).
Case 2:O4—cr—OO319—SRB Document 128 Filed O7/27/2006 Page 2 of 3

(b)(l)(C), and 18 U.S.C. §§ 922(g)(5), 924(a)(2).
_ Sepulveda-Uribe’s attorney has moved to withdraw pursuant to Anders v.
Caldornia, 386 U.S. 738 (1967), on the ground that the appeal presentsno ·
arguable issues. Sepulveda-Uribe has not submitted a pro se supplemental brief -
Because our independent review ofthe record pursuant to Penson v. Ohio,
488 U.S. 75, 82-83 (1988), indicates that Sepulveda-Uribe knowingly and
voluntarily waived his right toappeal, and was sentenced within the terms ofthe _
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). l
9 1 Counsel's motion to withdraw is GRANTED, and the appeal is _
DISl\/IISSED. -
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