United States v. Salvador Ruiz-Cortez ( 2019 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS AUG 23 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 19-30000
Plaintiff-Appellee, D.C. No. 1:17-cr-02029-SMJ-1
v.
MEMORANDUM*
SALVADOR RUIZ-CORTEZ,
Defendant-Appellant.
Appeal from the United States District Court
for the Eastern District of Washington
Salvador Mendoza, Jr., District Judge, Presiding
Submitted August 19, 2019**
Before: SCHROEDER, PAEZ, and HURWITZ, Circuit Judges.
Salvador Ruiz-Cortez appeals from the district court’s judgment and
challenges the 135-month sentence imposed following his guilty-plea conviction
for distribution of methamphetamine, in violation of 21 U.S.C. § 841(a)(1).
Pursuant to Anders v. California, 386 U.S. 738 (1967), Ruiz-Cortez’s counsel has
*
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).
filed a brief stating that there are no grounds for relief, along with a motion to
withdraw as counsel of record. We have provided Ruiz-Cortez the opportunity to
file a pro se supplemental brief. No pro se supplemental brief or answering brief
has been filed.
Ruiz-Cortez waived his right to appeal his 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 19-30000