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United States v. Guerrero-Martinez
Citation: 23 F. App'x 826Docket: No. 00-10549; D.C. No. CR-00-00644-ROS
Court: Court of Appeals for the Ninth Circuit; December 26, 2001; Federal Appellate Court
Israel Guerrero-Martinez appeals his conviction for illegal re-entry after deportation, resulting in a 33-month sentence under 8 U.S.C. § 1326. His attorney seeks to withdraw from the case, citing Anders v. California, arguing that the appeal lacks any viable issues. Guerrero-Martinez waived his right to appeal as part of his plea agreement and received a sentence aligned with that agreement. The court finds no evidence indicating that the waiver was not made knowingly and voluntarily, thus enforcing it and dismissing the appeal. Following an independent review of the record revealing no arguable issues, the attorney's motion to withdraw is granted, and the appeal is dismissed. This decision is not for publication and cannot be cited in this circuit, except as outlined in Ninth Circuit Rule 36-3.