United States v. Facundo Lopez-Perez , 693 F. App'x 687 ( 2017 )

FILED
NOT FOR PUBLICATION
JUL 17 2017
UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 16-10072
Plaintiff-Appellee, D.C. No.
1:14-cr-00045-AWI-BAM-1
v.
FACUNDO LOPEZ-PEREZ, a.k.a. Jose MEMORANDUM*
Huerta Maldonado, a.k.a. Israel Lopez
Zasueta,
Defendant-Appellant.
Appeal from the United States District Court
for the Eastern District of California
Anthony W. Ishii, District Judge, Presiding
Submitted July 13, 2017**
Before: HUG, FARRIS, and CANBY, Circuit Judges.
Facundo Lopez-Perez appeals from the district court’s judgment and
challenges his guilty-plea conviction and 210-month sentence for conspiracy to
distribute and possess with intent to distribute methamphetamine and heroin, in
*
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).
violation of 21 U.S.C. §§ 846, 841(a)(1) and (b)(1)(A). Pursuant to Anders v.
California, 386 U.S. 738 (1967), Lopez-Perez’s counsel has filed a brief stating
that there are no grounds for relief, along with a motion to withdraw as counsel.
We have provided Lopez-Perez the opportunity to file a pro se supplemental brief.
Lopez-Perez has filed motion to file a late brief and we have received a pro se
supplemental brief from him.
Lopez-Perez waived his right to appeal his conviction and sentence.
Because the record discloses no arguable issue as to the validity of the appeal
waiver, we dismiss the appeal. See United States v. Watson, 582 F.3d 974, 986-88
(9th Cir. 2009).
Lopez-Perez’s motion to file a late brief is GRANTED.
Counsel’s motion to withdraw is GRANTED.
DISMISSED.
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