Narrative Opinion Summary
Emilio Rodriguez-Gutierrez appeals the district court's judgment and a 71-month sentence following his guilty plea for illegal re-entry after deportation, violating 8 U.S.C. § 1326(a), enhanced by (b)(2). His counsel, under Anders v. California, filed a brief indicating no grounds for relief and requested to withdraw. Rodriguez-Gutierrez did not submit a pro se brief, and the government did not respond. An independent review of the record, as per Penson v. Ohio, led to the dismissal of the appeal based on a valid appeal waiver, which is enforceable if entered knowingly and voluntarily, referencing United States v. Nguyen. The motion to supplement the record with the plea agreement was granted, and counsel's motion to withdraw was also approved. The appeal is dismissed, and the disposition is not for publication or citation in this circuit, as outlined by 9th Cir. R. 36-3.
Legal Issues Addressed
Anders Brief and Counsel Withdrawalsubscribe to see similar legal issues
Application: Counsel filed an Anders brief indicating no grounds for relief and requested to withdraw from the case, which was approved by the court.
Reasoning: His counsel, under Anders v. California, filed a brief indicating no grounds for relief and requested to withdraw.
Motion to Supplement the Recordsubscribe to see similar legal issues
Application: The court granted the motion to supplement the record with the plea agreement.
Reasoning: The motion to supplement the record with the plea agreement was granted, and counsel's motion to withdraw was also approved.
Non-Publication of Dispositionsubscribe to see similar legal issues
Application: The court's disposition is not for publication or citation in this circuit, adhering to circuit rules.
Reasoning: The appeal is dismissed, and the disposition is not for publication or citation in this circuit, as outlined by 9th Cir. R. 36-3.
Valid Appeal Waiversubscribe to see similar legal issues
Application: The appeal was dismissed based on a valid appeal waiver, which is enforceable if entered knowingly and voluntarily.
Reasoning: An independent review of the record, as per Penson v. Ohio, led to the dismissal of the appeal based on a valid appeal waiver, which is enforceable if entered knowingly and voluntarily, referencing United States v. Nguyen.