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

" ' UNITED STATES COURT OF APPEALS
, - U FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 04-10105
D.C. No. CR-03-50183-ROS
Plaintiff - Appellee,
v. A
JUDGMENT
_ VICTOR MANUEL VELIZ—SANCHEZ,
aka Victor Manuel Velez-Sanchez, aka .
Juan Rios-Meza, aka Juan Mesa—Rios,
Defendant — Appellant. (
UNITED STATES OF AMERICA, No. 04-10119 1
D.C. No. CR-03-01075-ROS
Plaintiff - Appellee,
v.
JUDGMENT
VICTOR MANUEL VELIZ-SANCHEZ,
Defendant- Appellant.
Appeal from the United States District Court for the District of Arizona
(Phoenix). U
This cause came on to be heard on the Transcript ofthe Record from the
I U.S.D.C. for the District of Arizona (Phoenix) and was duly submitted.
On consideration whereof, it is now here ordered and adjudged by this Court, that
the judgment of the said District Court in this cause be, and hereby is
AFFIRMED AS TO CASE N0. 04-10105 AND DISMISSED AS IO-
No. 04-10119. ~ ` ‘mi:&‘CcP+—:¥<
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Fried and enter-ed 02/16/06 ,émE'?;.°* 1 ·
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Case 2:O3—cr—O1075—ROS Document 26 Filed O3/10/200 .

" C FILED
NOT FOR PUBLICATION
_ FEB 16 2006
UNITED STATES COURT OF APPEALS cAT5~§pEé:&{1;r(r§Igl§IpP1sé.pE1§ERx
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 04-10105
Plaintiff- Appellee, D.C. N0. CR-O3-50183-ROS
v.
MEMoRANoUM *
VICTOR MANUEL VELIZ-SANCHEZ,
aka Victor Manuel Velez-Sanchez, aka
Juan Rios-Meza, aka Juan Mesa-Rios,
Defendant - Appellant.
UNITED STATES OF AMERICA, No. 04-10119
Plaintiff- Appellee, D.C. N0. CR-03-01075-ROS
V. n
VICTOR MANUEL VELIZ-SANCHEZ,
Defendant — Appellant. A
Appeal from the United States District Court
for the District of Arizona
Roslyn O. Silver, District Judge, Presiding A
'° 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.
Case 2:O3—cr—O1075—FlOS Document 26 Filed O3/10/2006 Page 2 of 4

Submitted February 13, 2006**
Before: FERNANDEZ, RYMER, and BYBEE, Circuit Judges.
In appeal no. 04-10119, Victor Manuel Veliz-Sanchez appeals from his U
guilty—plea conviction and aggregate 75 —month sentence for illegal reentry after .
deportation in violation of 8 U.S.C. § 1326. In appeal no. 04-10105, Ve1iz—
Sanchez appeals from the district court’s revocation of supervised release
following his admitted violation of a condition of release in a previous sentence.
Pursuant to Anders v. Calybrnia, 386 U.S. 738 (1967), counsel for Veliz-Sanchez
has filed a brief stating that she finds no grounds for relief, along with a motion to
withdraw as counsel of record. Veliz-Sanchez has filed a pro se supplemental
brief
We dismiss the appeal ofthe illegal reentry conviction and sentence in light
ofthe valid appeal waiver. See United States v. Nguyen, 235 F.3d 1179, 1182 (9th
Cir. 2000) (stating that an appeal waiver is valid when it is entered into knowingly
and voluntarily); see also United States v. Cardenas, 405 F.3d 1046, 1048 (9th
Cir. 2005) (holding that the changes in sentencing law imposed by United States v.
M This panel unanimously finds this case suitable for decision without _
oral argument. See Fed. R. App. P. 34(a)(2).
2
Case 2:O3—cr—O1075—FlOS Document 26 Filed O3/10/2006 Page 3 of 4

Booker, 543 U.S. 220 (2005), did not render waiver of appeal involuntary and
unknowing). ·
A With regard to the appeal of the revocation of supervised release, our
examination of the brief and our independent review of the record pursuant to
Penson v. Ohio, 488 U.S. 75, 82-83 (1988), disclose no grounds for relief on direct
appeal. Accordingly, we affirm the judgment of revocation.
C0unsel’s motion to withdraw is GRANTED.
Appeal N0. 04-10105 AFFIRMED.
Appeal N0. 04-10119 DISMISSED.
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