United States v. Gary Hadland , 609 F. App'x 400 ( 2015 )

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT JUN 29 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
UNITED STATES OF AMERICA, No. 14-50361
Plaintiff - Appellee, D.C. No. 8:13-cr-00096-AG
v.
MEMORANDUM*
GARY STEPHEN HADLAND,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Andrew J. Guilford, District Judge, Presiding
Submitted June 22, 2015**
Before: HAWKINS, GRABER, and W. FLETCHER, Circuit Judges.
Gary Stephen Hadland appeals from the district court’s judgment and
challenges his guilty-plea conviction and 48-month sentence for possession of
child pornography, in violation of 18 U.S.C. § 2252A(a)(5) and (b)(2). Pursuant to
Anders v. California, 386 U.S. 738 (1967), Hadland’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 Hadland the opportunity to file a pro se
supplemental brief. No pro se supplemental brief or answering brief has been
filed.
Hadland waived his right to appeal his conviction, with the exception of an
appeal based on a claim that his plea was involuntary. Hadland also waived the
right to appeal six specified issues related to his sentence. 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 the voluntariness of Hadland’s plea or any
sentencing issue outside the scope of the appeal waiver. We therefore affirm as to
those issues. We dismiss the remainder of the appeal in light of the valid appeal
waiver. See United States v. Watson, 582 F.3d 974, 988 (9th Cir. 2009).
Counsel’s motion to withdraw is GRANTED.
AFFIRMED in part; DISMISSED in part.
2 14-50361