United States of America, Plaintiff-appellee, v. Arturo Aguilar-martinez, Defendant-appellant, 120 F.3d 269 (9th Cir. 1997)

MEMORANDUM^* 

Arturo Aguilar-Martinez appeals his 46-month sentence imposed after he pleaded guilty to possessing cocaine with intent to distribute, in violation of 21 U.S.C. § 841(a) (1) and 18 U.S.C. § 2. Aguilar-Martinez's counsel has moved to withdraw and has submitted a brief pursuant to Anders v. California, 386 U.S. 738 (1967). Aguilar-Martinez has not filed a supplemental pro se brief. We have jurisdiction pursuant to 28 U.S.C. § 1291, and dismiss the appeal.

As part of his plea agreement, Aguilar-Martinez waived the right to appeal his sentence, unless the district court imposed a sentence greater than that recommended by the government. An express waiver of the right to appeal is valid if it is knowingly and voluntarily made, see United States v. DeSantiago-Martinez, 38 F.3d 394, 395 (9th Cir. 1994), and will be upheld if the sentence imposed is in accordance with the plea agreement, see United States v. Bolinger, 940 F.2d 478, 480 (9th Cir. 1991).

Nothing in the record suggests that Aguilar-Martinez did not knowingly and voluntarily waive the right to appeal his sentence. The district court did not impose a sentence greater than that recommended by the government and otherwise complied with the terms of the plea agreement. Accordingly, counsel's motion to withdraw is GRANTED and the appeal is DISMISSED.