United States v. Luis Mejia-Calderon , 603 F. App'x 642 ( 2015 )

FILED
NOT FOR PUBLICATION MAY 18 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 14-10292
Plaintiff - Appellee, D.C. No. 2:12-cr-00039-TLN
v.
MEMORANDUM*
LUIS ENRIQUE MEJIA-CALDERON,
Defendant - Appellant.
Appeal from the United States District Court
for the Eastern District of California
Troy L. Nunley, District Judge, Presiding
Submitted May 13, 2015**
Before: LEAVY, CALLAHAN, and M. SMITH, Circuit Judges.
Luis Enrique Mejia-Calderon appeals from the district court’s judgment and
challenges his guilty-plea conviction and 108-month aggregate sentence for three
counts of illegal use of a communication facility, in violation of 21 U.S.C.
§ 843(b). Pursuant to Anders v. California, 386 U.S. 738 (1967), Mejia-Calderon’s
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
counsel has filed a brief stating that there are no grounds for relief, along with a
motion to withdraw as counsel of record. We have provided Mejia-Calderon the
opportunity to file a pro se supplemental brief. No pro se supplemental brief or
answering brief has been filed.
Mejia-Calderon waived his right to appeal his 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 14-10292