United States v. Jusaino-Gomez , 611 F. App'x 421 ( 2015 )

FILED
NOT FOR PUBLICATION JUL 28 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 13-50468
Plaintiff - Appellee, D.C. No. 2:13-cr-00425-R
v.
MEMORANDUM*
RYAN DEON WILLIAMS GOMEZ,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Manuel L. Real, District Judge, Presiding
Submitted July 21, 2015**
Before: CANBY, BEA, and MURGUIA, Circuit Judges.
Ryan Deon Williams Gomez appeals from the district court’s judgment and
challenges his guilty-plea conviction and 41-month sentence for conspiracy to
commit bank fraud, in violation of 18 U.S.C. § 1349. Pursuant to Anders v.
California, 386 U.S. 738 (1967), Gomez’s counsel has filed a brief stating that
*
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).
there are no grounds for relief, along with a motion to withdraw as counsel of
record. We have provided Gomez the opportunity to file a pro se supplemental
brief. No pro se supplemental brief or answering brief has been filed. The court
has considered Gomez’s pro se letter filed on May 8, 2015.
Gomez waived his right to appeal his conviction, with the exception of an
appeal based on a claim that his plea was involuntary. Gomez 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 Gomez’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 13-50468