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U.S. v. Vaughn

United States Court of Appeals, Ninth Circuit
Mar 19, 2007
225 F. App'x 587 (9th Cir. 2007)

Opinion

No. 06-10437.

Submitted March 12, 2007.

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

Filed March 19, 2007.

Robert L. Ellman, Esq., William R. Reed, Esq., USLV-Office of the U.S. Attorney, Lloyd George Federal Bldg., Las Vegas, NV, for Plaintiff-Appellee.

Chad A. Bowers, Esq., Law Offices of Chad A. Bowers, Ltd., Las Vegas, NV, for Defendant-Appellant.

Appeal from the United States District Court for the District of Nevada, Robert C. Jones, District Judge, Presiding. D.C. No. CR-05-00477-RCJ.

Before: KOZINSKI, LEAVY, and BYBEE, Circuit Judges.



MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

John Earl Vaughn appeals from his conviction and the 96-month sentence imposed following his guilty plea to being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2).

Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Vaughn's counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. No pro se supplemental brief was filed.

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 Vaughn 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, and the appeal is DISMISSED.


Summaries of

U.S. v. Vaughn

United States Court of Appeals, Ninth Circuit
Mar 19, 2007
225 F. App'x 587 (9th Cir. 2007)
Case details for

U.S. v. Vaughn

Case Details

Full title:UNITED STATES of America, Plaintiff — Appellee, v. John Earl VAUGHN…

Court:United States Court of Appeals, Ninth Circuit

Date published: Mar 19, 2007

Citations

225 F. App'x 587 (9th Cir. 2007)