United States v. Fernando Ayala-Ramos

FILED
NOT FOR PUBLICATION AUG 31 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 14-50481
Plaintiff - Appellee, D.C. No. 2:09-cr-00242-PA
v.
MEMORANDUM*
FERNANDO NELSON AYALA-
RAMOS, a.k.a. Jose, a.k.a. Nelson
Fernando Ramos-Ayala,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Percy Anderson, District Judge, Presiding
Submitted August 25, 2015**
Before: McKEOWN, CLIFTON, and HURWITZ, Circuit Judges.
Fernando Nelson Ayala-Ramos appeals from the district court’s judgment
and challenges his guilty-plea conviction and 87-month sentence for conspiracy to
interfere with commerce by robbery, in violation of 18 U.S.C. § 1951, and
*
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).
possession of a firearm in furtherance of a drug trafficking crime and a crime of
violence, in violation of 18 U.S.C. § 924(c)(1)(A). Pursuant to Anders v.
California, 386 U.S. 738 (1967), Ayala-Ramos’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 Ayala-Ramos the opportunity to file a pro se
supplemental brief. No pro se supplemental brief or answering brief has been
filed.
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 Ayala-Ramos’s
conviction. We accordingly affirm Ayala-Ramos’s conviction.
Ayala-Ramos waived the right to appeal his sentence. Because the record
discloses no arguable issue as to the validity of the sentencing waiver, we dismiss
Ayala-Ramos’s appeal as to his sentence. See United States v. Watson, 582 F.3d
974, 986-88 (9th Cir. 2009).
Counsel’s motion to withdraw is GRANTED.
AFFIRMED in part; DISMISSED in part.
2 14-50481