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

. UNITED STATES COURT OF APPEALS in
I FOR THE NINTH CIRCUIT I
UNITED STATES OF AMERICA, _ No. 05-10750
D.C. No. CR-04-01115-2-l\/[HM
Plaintiff - Appellee,
V.
JUDGMENT
JUAN CARLOS BECERRA-
GUTIERREZ,
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 07/26/06
‘ ATRUE COPY
GATHY-A. CAWTERSON
CLERK OF COURT
ATTEST
znns p
(W Dep
Case 2:04-cr-01115-I\/IHI\/I Document 117 Filed 08/17/2006 Page 1 of 3

A - - .
"* FILED
NOT FOR PUBLICATION
JUL 26 2006
UNITED STATES COURT OF APPEALS cA1·u~g 1% glfpgrgpgppnéggsnx
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, 7 No. 05-10750
Plaintiff- Appellee, D.C. N0. CR—04—01 115-2-MHM
V. ~`
MEMoRANDUM*
JUAN CARLOS BECERRA
GUTIERREZ,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
Mary H. Murguia, Distict Judge, Presiding
submitted July 24, 2006**
Before: ALARCON, HAWKINS and THOMAS, Circuit Judges.
I Juan Carlos Becerra Gutierrez appeals from his guilty-plea conviction and
120-month sentence for possession with intent to distribute more than 50 grams of
cocaine base, in violation of 21 U.S.C. §§ 84l(a)(l), (b)(l)(A)(iii), and 846.
* 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.
"`F This panel unanimously finds this case suitable for decision without
oral argument. See Fed. R. App. P. 34(a)(2).
Case 2:04—cr—01115-I\/IHIVI Document 117 Filed 08/17/2006 Page 2 of 3

k _ W
Pursuant to Anders v. California, 386 U.S. 738 (1967), counsel for Becerra
Gutierrez has filed a brief stating that he finds no grounds for relief along with a
motion to withdraw as counsel of record. No pro se supplemental brief or
answering brief has been filed.
We dismiss in light of the valid appeal waiver. See United States v. Nguyen,
235 F.3d 1179, 1182 (9th Cir. 2000) (appeal waiver valid when entered into
knowingly and voluntarily). » 9
Counsel’s motion to withdraw is GRANTED, and the appeal is (
DISMISSED.
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