139 F. 3d 908 - United States of America v. Gomez
139 F3d 908 United States of America v. Gomez
139 F.3d 908
UNITED STATES OF AMERICA, Plaintiff-Appellee,
v.
Omar Trellez GOMEZ, aka Tulio, Defendant-Appellant.
No. 97-50004.
D.C. No. CR-96-00062-GLT-1.
United States Court of Appeals, Ninth Circuit.
Decided Feb. 20, 1998.
Submitted February 9, 1998**.
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
Appeal from the United States District Court for the Central District of California Gary L. Taylor, District Judge, Presiding.
Before PREGERSON, CANBY, and LEAVY, Circuit Judges.
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MEMORANDUM*
Omar Trellez Gomez appeals the sentence imposed following his guilty plea to two counts of use of a communications facility to facilitate a felony drug offense in violation of 21 U.S.C. § 843(b). Gomez's attorney has submitted 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 the plea agreement, Gomez explicitly waived his "right to a appeal any sentence imposed by the Court and the manner in which the sentence is determined so long as the court determines that your total offense level is 29 or below." Because the district court determined Gomez's total offense level to be 29 and our independent review of the record discloses no indication that the waiver of appeal is invalid, we grant counsel's motion to withdraw and we dismiss the appeal.
DISMISSED.