United States v. Jaime Moreno ( 2015 )

FILED
NOT FOR PUBLICATION JUN 22 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 14-50065
Plaintiff - Appellee, D.C. No. 2:12-cr-00795-MWF-1
v.
MEMORANDUM*
JAIME MORENO, a.k.a. Chubbs,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Michael W. Fitzgerald, District Judge, Presiding
Submitted September 30, 2014**
Before: HUG, FARRIS, and CANBY, Circuit Judges.
Jaime Moreno appeals from the district court’s judgment and challenges his
guilty-plea conviction and 132-month sentence for distribution of
methamphetamine, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(A)(viii). Pursuant
to Anders v. California, 386 U.S. 738 (1967), Moreno’s counsel has filed a brief
*
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).
stating that there are no grounds for relief, along with a motion to withdraw as
counsel of record. We have provided Moreno the opportunity to file a pro se
supplemental brief. No pro se supplemental brief or answering brief has been
filed.
Moreno has waived the right to appeal his conviction. Because the record
discloses no arguable issue as to the validity of that waiver, we dismiss Moreno’s
appeal as to his conviction. See United States v. Watson, 582 F.3d 974, 986-88
(9th Cir. 2009).
Our independent review of the record pursuant to Penson v. Ohio, 488 U.S.
75, 80 (1988), discloses no arguable grounds for relief as to Moreno’s sentence.
We accordingly affirm his sentence.
Counsel’s motion to withdraw is GRANTED.
AFFIRMED in part; DISMISSED in part.
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