United States v. Ronald Felts

FILED
NOT FOR PUBLICATION MAY 17 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 12-10261
Plaintiff - Appellee, D.C. No. 1:09-cr-00347-DAE
v.
MEMORANDUM *
RONALD LEROY FELTS,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Hawaii
David A. Ezra, District Judge, Presiding
Submitted May 14, 2013 **
Before: LEAVY, THOMAS, and MURGUIA, Circuit Judges.
Ronald Leroy Felts appeals from the district court’s judgment and
challenges his guilty-plea conviction and 300-month sentence for receiving child
pornography, in violation of 18 U.S.C. § 2252(a)(2) and (b)(1); and possession of
child pornography, in violation of 18 U.S.C. § 2252(a)(4) and (b)(2). Pursuant to
*
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).
Anders v. California, 386 U.S. 738 (1967), Felts’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 Felts 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 Felts’s conviction. We
accordingly affirm Felts’s conviction.
Felts waived the right to appeal his sentence. Because the record discloses
no arguable issue as to the validity of the sentencing waiver, we dismiss Felts’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 12-10261