United States v. Derek Terry ( 2019 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JAN 18 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, Nos. 18-10072
18-10078
Plaintiff-Appellee,
D.C. Nos. 2:16-cr-01375-CKJ-1
v. 4:16-cr-01350-CKJ-1
DEREK LAMONT TERRY, MEMORANDUM*
Defendant-Appellant.
Appeal from the United States District Court
for the District of Arizona
Cindy K. Jorgenson, District Judge, Presiding
Submitted January 15, 2019**
Before: TROTT, TALLMAN, and CALLAHAN, Circuit Judges.
In these consolidated appeals, Derek Lamont Terry appeals from the district
court’s judgments and challenges his guilty-plea convictions and concurrent 240-
month sentences for sex trafficking of children, in violation of 18 U.S.C.
§ 1591(a)(1), (b)(2), and (c), and transportation of a minor with intent to engage in
*
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).
prostitution, in violation of 18 U.S.C. §§ 2 and 2423(a). Pursuant to Anders v.
California, 386 U.S. 738 (1967), Terry’s counsel has filed a brief stating that there
are no grounds for relief, along with a motion to withdraw as counsel of record.
Terry’s motion to file a pro se supplemental brief is granted. The brief has been
filed and considered. No answering brief has been filed.
Terry waived his right to appeal his convictions and sentences. 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
these consolidated appeals. See id. at 988.
We decline to address on direct appeal Terry’s pro se claims of ineffective
assistance of counsel. See United States v. Rahman, 642 F.3d 1257, 1259-60 (9th
Cir. 2011).
Counsel’s motion to withdraw is GRANTED. Terry’s pro se motions to
appoint new counsel are DENIED.
DISMISSED.
2 18-10072 & 18-10078