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

UNITED STATES COURT OF APPEALS `
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 05-10520
D.C. No. CR-03-00421-SMM
Plaintiff - Appellee,
v.
JUDGMENT
SHAYNE KEDEKEIN,
Defendant - Appellant.
Appeal from the United States District Court for the District of Arizona
(Phoenix).
A 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 01/ l l/07
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Case 2:03-cr—OO421—SI\/II\/I Document 595 Filed O2/O2/2007 Page 1 of 3

P ` , ·" FILED
Nor Pon PUBLICATION JAN 11 2007
UNrrEr> srl-was comm OP APPEALS °A*U)$·”6¤?¤iii*§»B?»·$i·"0»%»***
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 05-10520
Plaintiff - Appellee, D.C. No. CR-03-0042l-SMM
v.
MEMoPANDUM*
SHAYNE KEDEKEIN,
‘ Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona _
Stephen M. McNamee, District Judge, Presiding
Submitted January 8, 2007**
Before: ALARCON, HALL, and PAEZ, Circuit Judges.
Shayne Kedekein appeals from his guilty-plea conviction and 60-month
2 sentence imposed for conspiracy to possess with intent to distribute 500 grams or
more of cocaine, in violation of 2l U.S.C. §§ 84l(a)(l), (b)(l)(B)(ii), and 846.
Pursuant to Anders v. Cawornicz, 386 U.S. 738 (1967), counsel for
* This disposition is not appropriate for publication and is not
precedent except as provided by 9th Cir. R. 36-3.
_ ** This panel unanimously Ends this case suitable for decision without `
oral argument. See Fed. R. App. P. 34(a)(2).
p Case 2:03-cr—OO421—SI\/II\/I Document 595 Filed O2/O2/2007 Page 2 of 3

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Kedekein has filed a brief stating there are no grounds for relief, and a motion to
withdraw as counsel of record. Kedekein filed a pro se supplemental brief No
answering brief has been filed.
Because our independent review of the record and briefs pursuant to Penson
v. Ohio, 488 U.S. 75, 82-83 (1988), indicates that Kedekein knowingly and
voluntarily waived his right to appeal and was sentenced within the terms of the
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 1 i
valid when it is entered knowingly and voluntarily); see also United States v.
Cardenas, 405 F.3d 1046, 1048 (9th Cir. 2005) (noting that the changes in
sentencing law imposed by United States v. Booker, 543 U.S. 220 (2005), did not
render waiver of appeal involuntary and unknowing).
Counse1’s motion to withdraw is GRANTED.
DISMISSED.
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Case 2:03-cr-00421-SMM

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