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United States v. Velasquez-Vera
Citation: 212 F. App'x 651Docket: No. 05-10211
Court: Court of Appeals for the Ninth Circuit; December 12, 2006; Federal Appellate Court
Fernando Velasquez-Vera appeals his guilty plea and a 30-month sentence for illegal re-entry after deportation, violating 8 U.S.C. § 1326. His counsel, following Anders v. California, has filed a brief indicating no grounds for appeal and a motion to withdraw. No pro se brief has been submitted. The court's independent review, pursuant to Penson v. Ohio, confirms that Velasquez-Vera knowingly and voluntarily waived his right to appeal and that his sentence aligns with the plea agreement. Consequently, the court enforces the waiver and dismisses the appeal, referencing precedents that validate such waivers when made knowingly and voluntarily. Counsel's motion to withdraw is granted, and the appeal is dismissed. The decision is not for publication and is subject to citation restrictions under 9th Cir. R. 36-3.