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 Anders1 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