United States v. Terry Ford ( 2020 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAR 6 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 19-10225
Plaintiff-Appellee, D.C. No.
1:17-cr-00074-LJO-SKO-1
v.
TERRY RAY FORD, MEMORANDUM*
Defendant-Appellant.
Appeal from the United States District Court
for the Eastern District of California
Lawrence J. O’Neill, District Judge, Presiding
Submitted March 3, 2020**
Before: MURGUIA, CHRISTEN, and BADE, Circuit Judges.
Terry Ray Ford appeals from the district court’s judgment and challenges his
guilty-plea conviction and 48-month sentence for conspiracy to distribute and to
possess with intent to distribute dibutylone HCI and alpha-PHP, in violation of 21
U.S.C. §§ 841(a)(1) and 846. Pursuant to Anders v. California, 386 U.S. 738*
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).
(1967), Ford’s counsel has filed a brief stating that there are no grounds for relief,
along with a motion to withdraw as counsel of record. We have provided Ford the
opportunity to file a pro se supplemental brief. No pro se supplemental brief or
answering brief has been filed.
Ford waived his right to appeal his conviction and 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 19-10225