Opinion
No. 06-10303.
This panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed April 18, 2007.
Mark L. Krotoski, USSJ — Office of the U.S. Attorney, San Jose, CA, for Plaintiff-Appellee.
John J. Jordan, Esq., San Francisco, CA, for Defendant-Appellant.
Appeal from the United States District Court for the Northern District of California, James Ware, District Judge, Presiding. D.C. No. CR-04-20126-1-JW.
Before: O'SCANNLAIN, CLIFTON and BEA, Circuit Judges.
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Florin Horicianu appeals from his guilty-plea conviction and sentence imposed for transmitting interstate threatening communications, in violation of 18 U.S.C. § 875(c).
Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Horicianu's counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. Horicianu has filed a pro se supplemental brief.
Because our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 82-83, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), indicates that Horicianu 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 valid when it is entered knowingly and voluntarily).
Counsel's motion to withdraw is GRANTED.
The appeal is DISMISSED.