FILED
United States Court of Appeals
Tenth Circuit

July 25, 2007

Elisabeth A. Shumaker
Clerk of Court

	UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

UNITED STATES OF AMERICA,

		Plaintiff-Appellee,	

No. 06-2243	
	v.	(D. of N.M.)	
JOSE DE JESUS ROMERO-ACOSTA,

		Defendant-Appellant.	(D.C. No. CR-06-155-WJ)		

	ORDER AND JUDGMENT*

Before HENRY, TYMKOVICH, and HOLMES, Circuit Judges.**  

	Jose Romero-Acosta pleaded guilty to being in possession with intent to distribute 100 grams or more of a mixture or substance containing heroin, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B).  This crime carries a statutory minimum of five years and a maximum of forty years.  21 U.S.C. § 841(b)(1)(B).  As part of his plea agreement, Romero-Acosta acknowledged that the district court may impose a sentence within the five to forty-year range.  At sentencing, the district court sentenced him to the statutory minimum of five years.  Romero-Acosta filed a Notice of Appeal in the matter.  
	On appeal, Romero-Acosta’s counsel filed an Anders brief after concluding that there was no meritorious issue on appeal.  We have independently reviewed the record, and agree.  Romero-Acosta’s plea agreement and sentencing transcript support beyond any doubt the conclusion that he knowingly and voluntarily entered into a plea of guilty with a statutory minimum sentence of five years.
	Finding that his plea agreement was knowingly and voluntarily made and that his sentence within the statutorily-required range was reasonable, we find no merit in Romero-Acosta’s appeal.  We hereby DENY this appeal.  We also GRANT Romero-Acosta’s counsel’s motion to withdraw from the case. 
						Entered for the Court,
						
						Timothy M. Tymkovich
						Circuit Judge