U.S. v. Botello-Miranda

Full title: UNITED STATES OF AMERICA, Plaintiff-Appellee, v. Abel BOTELLO-MIRANDA…

Court: United States Court of Appeals, Ninth Circuit

Date published: Apr 12, 2000

215 F.3d 1334 (9th Cir. 2000)

Opinion

215 F.3d 1334 (9th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellee, v. Abel BOTELLO-MIRANDA, Defendant-Appellant. No. 96-10379. United States Court of Appeals, Ninth Circuit April 12, 2000

Submitted March 20, 2000. ²

2 The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

D.C. No. CR-96-05169-OWW

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA9 Rule 36-3 regarding use of unpublished opinions)

Appeal from the United States District Court for the Eastern District of California, Oliver W. Wanger, District Judge, Presiding.

Before FARRIS, CANBY, and W. FLETCHER, Circuit Judges.

MEMORANDUM ¹

1 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.

Abel Botello-Miranda appeals his conviction, pursuant to a guilty plea, and sentence for being a deported alien found in the United States in violation of 8 U.S.C. § 1326(a).

Botello-Miranda's attorney has filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), and a motion to withdraw on the ground that she could find no meritorious issues on appeal. Botello-Miranda did not file a pro se supplemental brief.

In the plea agreement, Botello-Miranda agreed to waive his constitutional and statutory rights to appeal unless the sentence imposed was in excess of the statutory maximum. The sentence imposed is within the statutory maximum.

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, see United States v. Aguilar-Muniz, 156 F.3d 974, 976 (9th Cir.1998) (waiver of right to appeal is valid if knowing and voluntary), we enforce the waiver, grant counsel's motion to withdraw, and dismiss the appeal.

DISMISSED.