United States of America, Plaintiff-appellee, v. Armando Christopher Tabarez, Aka Mando Defendant-appellant, 145 F.3d 1343 (9th Cir. 1998)

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U.S. Court of Appeals for the Ninth Circuit - 145 F.3d 1343 (9th Cir. 1998) May 22, 1998

Appeal from the United States District Court for the Eastern District of California.

Before: SCHROEDER, TROTT, and FERNANDEZ, Circuit Judges.

MEMORANDUM1 

LEVI, J., Presiding

Submitted May 14, 19982 

Armando Christopher Tabarez appeals his conviction by guilty plea and sentence for one count of conspiracy to possess with intent to distribute methamphetamine. Tabarez's attorney has filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967), and a motion to withdraw as counsel of record. In his plea agreement, Tabarez waived his right to appeal "to the extent that the defendant's sentence is consistent with the stipulations set forth [in the plea agreement] regarding the sentencing guidelines variables." We have independently reviewed the record pursuant to Penson v. Ohio, 488 U.S. 75, 83, 109 S. Ct. 346, 102 L. Ed. 2d 300 (1988). Because the sentence imposed is consistent with the terms of the plea agreement, and there is no indication in the record that the waiver of appeal is invalid, we grant counsel's motion to withdraw and we dismiss the appeal.

DISMISSED.

 1

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

 2

The panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a); 9th Cir. R. 34-4

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