Narrative Opinion Summary
Jose Santos-Sanchez appeals his conviction for reentry after deportation following an aggravated felony, violating 8 U.S.C. § 1326(a) and (b)(2). His attorney has filed a motion to withdraw, citing no issues for review in accordance with Anders v. California. An independent review of the record confirms that Santos-Sanchez knowingly and voluntarily waived his right to appeal and received a sentence consistent with his plea agreement. Thus, the court enforces the waiver and dismisses the appeal. Counsel's motion to withdraw is granted, and the appeal is dismissed in part. The court remands the case solely to amend the judgment to reflect a conviction under 8 U.S.C. § 1326(a) only, excluding reference to § 1326(b)(2). This decision is not suitable for publication and may not be cited except as permitted by Ninth Circuit Rule 36-3.
Legal Issues Addressed
Amendment of Judgment in Criminal Casessubscribe to see similar legal issues
Application: The court remands a case to amend the judgment to correctly reflect the applicable statutory conviction.
Reasoning: The court remands the case solely to amend the judgment to reflect a conviction under 8 U.S.C. § 1326(a) only, excluding reference to § 1326(b)(2).
Enforcement of Appeal Waiverssubscribe to see similar legal issues
Application: The court enforces the waiver of appeal rights when the defendant knowingly and voluntarily waives them as part of a plea agreement.
Reasoning: An independent review of the record confirms that Santos-Sanchez knowingly and voluntarily waived his right to appeal and received a sentence consistent with his plea agreement.
Motion to Withdraw by Counselsubscribe to see similar legal issues
Application: Counsel may file a motion to withdraw from a case when no issues for review are found, in accordance with Anders v. California.
Reasoning: His attorney has filed a motion to withdraw, citing no issues for review in accordance with Anders v. California.
Non-Publication of Judicial Decisionssubscribe to see similar legal issues
Application: Certain judicial decisions are deemed not suitable for publication and may not be cited except under specific circuit rules.
Reasoning: This decision is not suitable for publication and may not be cited except as permitted by Ninth Circuit Rule 36-3.