United States v. Linda Expose ( 2022 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAY 25 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 21-10234
Plaintiff-Appellee, D.C. No.
1:18-cr-00044-DAD-BAM-1
v.
LINDA ROSE EXPOSE, MEMORANDUM*
Defendant-Appellant.
Appeal from the United States District Court
for the Eastern District of California
Dale A. Drozd, District Judge, Presiding
Submitted May 17, 2022**
Before: CANBY, TASHIMA, and NGUYEN, Circuit Judges.
Linda Rose Expose appeals from the district court’s judgment and
challenges her guilty-plea conviction and 24-month sentence for aggravated
identity theft, in violation of 18 U.S.C. § 1028A(a)(1). Pursuant to Anders v.
California, 386 U.S. 738 (1967), Expose’s counsel has filed a brief stating that
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
there are no grounds for relief, along with a motion to withdraw as counsel of
record. We have provided Expose the opportunity to file a pro se supplemental
brief. No pro se supplemental brief or answering brief has been filed.
Expose waived her right to appeal her conviction and sentence. Our
independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80
(1988), discloses no arguable issue as to the validity of the waiver. See United
States v. Watson, 582 F.3d 974, 986-88 (9th Cir. 2009). We accordingly dismiss
the appeal. See id. at 988.
Counsel’s motion to withdraw is GRANTED.
DISMISSED.
2 21-10234