Free Mandate of 9th Circuit - District Court of Arizona - Arizona

i l UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 05-10371
D.C. No. CR-04-01220-EHC ·
Plaintiff- Appellee,
v.
JUDGMENT
DANIEL FLOYD BARTLETT, ‘
Defendant - Appellant.
Appeal from the United States District Court for the District of Arizona
(Phoenix).
On consideration whereof, it is now here ordered and adjudged by this
Court, that the appeal in this cause be, and hereby is DISMISSED.
Filed and entered 04/ 10/06 `
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n Case 2:04—cr—01220-EHC Document 56 Filed 05/15/2006 Page 1 of 3 4

Nor Fon PUBLICATION APR *0 2000
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y UNITED STATES COURT OF APPEALS 0-0- 000** 0F A*’F’E'A'-0
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 05-10371
Plaintiff- Appellee, D.C. No. CR-04-01220-EHC _
v.
MEMORANDUM*
DANIEL FLOYD BARTLETT, _ ‘ _.
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona .
Earl H. Carroll, District Judge, Presiding
Submitted April 5, 2006**
Before: HAWKINS, McKEOWN, and PAEZ, Circuit Judges. I
Daniel Floyd Bartlett appeals from his guilty-plea conviction and 30-month
sentence for transportation of illegal aliens for profit, in violation of 8 U.S.C.
§§ 1324(¤)(1)(A)(ii) and (¤)(1)(B)(i)- ‘
y _ " This disposition is not appropriate for publication and may not be
cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
M This panel unanimously finds this case suitable for decision without
oral argument. See Fed. R. App. P. 34(a)(2).
Case 2:04—cr—01220-EHC Document 56 Filed 05/15/2006 Page 2 of 3

Bartlettls attorney has moved to withdraw pursuant to Anders v. Calybrnta,
386 U.S. 738 (1967), on the ground that the appeal presents no arguable issues.
Bartlett has submitted a pro se supplemental brief
Because our review of the briefs submitted and our independent review of
the record pursuant to Penson v. Ohio, 488 U.S. 75, 82-83 (1988), indicate that
Bartlett 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).
Counse1’s motion to withdraw is GRANTED, and the appeal is i
DISMISSED.
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