United States v. Antonio Olivera ( 2022 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAR 23 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 21-50043
Plaintiff-Appellee, D.C. No. 2:19-cr-00528-CJC-1
v.
MEMORANDUM*
ANTONIO OLIVERA,
Defendant-Appellant.
Appeal from the United States District Court
for the Central District of California
Cormac J. Carney, District Judge, Presiding
Submitted March 16, 2022**
Before: SILVERMAN, MILLER, and BUMATAY, Circuit Judges.
Antonio Olivera appeals from the district court’s judgment and challenges
his guilty-plea conviction and 30-month sentence for conspiracy to commit health
care fraud, in violation of 18 U.S.C. § 1349. Pursuant to Anders v. California, 386
U.S. 738 (1967), Olivera’s counsel has filed a brief stating that there are no
*
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).
grounds for relief, along with a motion to withdraw as counsel of record. We have
provided Olivera the opportunity to file a pro se supplemental brief. No pro se
supplemental brief or answering brief has been filed.
Olivera waived the right to appeal his conviction, with the exception of an
appeal based on a claim that his plea was involuntary, and most aspects of 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 therefore
dismiss the appeal as to all issues covered by the appeal waiver. We affirm as to
all other issues because our review of the record discloses no arguable grounds for
relief as to the voluntariness of Olivera’s plea or any aspect of the sentence that
falls outside the scope of the appeal waiver.
Counsel’s motion to withdraw is GRANTED.
AFFIRMED in part; DISMISSED in part.
2 21-50043