United States v. Hector Nieblas-Pacheco

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS SEP 24 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 19-10053
Plaintiff-Appellee, D.C. No. 2:17-cr-00080-GMS-2
v.
MEMORANDUM*
HECTOR ALFONSO NIEBLAS-
PACHECO,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Arizona
G. Murray Snow, District Judge, Presiding
Submitted September 18, 2019**
Before: FARRIS, TASHIMA, and NGUYEN, Circuit Judges.
Hector Alfonso Nieblas-Pacheco appeals from the district court’s judgment
and challenges his guilty-plea conviction and 180-month sentence for conspiracy
to possess with intent to distribute 50 grams or more of methamphetamine, in
violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A)(viii), and 846. Pursuant to
*
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).
Anders v. California, 386 U.S. 738 (1967), Nieblas-Pacheco’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 Nieblas-Pacheco the opportunity to file a
pro se supplemental brief. No pro se supplemental brief or answering brief has
been filed.
Nieblas-Pacheco 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 19-10053