United States v. Billy Cepero ( 2014 )

FILED
NOT FOR PUBLICATION APR 11 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 13-10124
Plaintiff - Appellee, D.C. No. 2:10-cr-00178-PMP
v.
MEMORANDUM*
BILLY CEPERO,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Nevada
Philip M. Pro, District Judge, Presiding
Submitted April 7, 2014**
Before: TASHIMA, GRABER, and IKUTA, Circuit Judges.
Billy Cepero appeals pro se from the district court’s order denying as moot
his motion to compel his former counsel to return his case file. We have
jurisdiction under 28 U.S.C. § 1291, and we affirm.
The district court denied Cepero’s motion because it found that former
*
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).
counsel had already returned the entire case file to Cepero. We review this factual
finding for clear error, see United States v. Yi, 704 F.3d 800, 805 (9th Cir. 2013),
and the court’s denial of Cepero’s motion for abuse of discretion. See United
States v. Anthony, 93 F.3d 614, 616 (9th Cir. 1996). Because the record supports
the district court’s finding, it did not abuse its discretion in denying Cepero’s
motion.
To the extent Cepero challenges the district court’s order denying his motion
for appointment of appellate counsel and the underlying January 30, 2012,
judgment, we decline to consider these arguments because they are outside the
scope of this appeal.
AFFIRMED.
2 13-10124