United States v. Angel Barajas-Aguilar

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT APR 18 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
UNITED STATES OF AMERICA, No. 15-10386
Plaintiff - Appellee, D.C. No. 4:14-cr-01990-CKJ
v.
MEMORANDUM*
ANGEL FERNANDO BARAJAS-
AGUILAR,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
Cindy K. Jorgenson, District Judge, Presiding
Submitted April 13, 2016**
Before: FARRIS, TALLMAN, and BYBEE, Circuit Judges.
Angel Fernando Barajas-Aguilar appeals from the district court’s judgment
and challenges his guilty-plea conviction and 24-month sentence for possession
with intent to distribute marijuana, in violation of 21 U.S.C. § 841(a)(1) 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).
(b)(1)(D). Pursuant to Anders v. California, 386 U.S. 738 (1967), Barajas-
Aguilar’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 Barajas-
Aguilar the opportunity to file a pro se supplemental brief. No pro se supplemental
brief or answering brief has been filed.
Barajas-Aguilar waived his right to appeal his conviction. 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 the validity of the waiver. See United States v.
Watson, 582 F.3d 974, 986-88 (9th Cir. 2009). We accordingly dismiss Barajas-
Aguilar’s appeal of his conviction. See id. at 988.
Barajas-Aguilar also waived the right to appeal his sentence. However, we
decline to enforce the sentencing appeal waiver because the district court failed to
discuss it, or to confirm that Barajas-Aguilar understood its terms, at the change of
plea hearing. See Fed. R. Crim. P. 11(b)(1)(N); United States v. Arellano-
Gallegos, 387 F.3d 794, 796-97 (9th Cir. 2004). Because we find no arguable
issues as to Barajas-Aguilar’s sentence, we affirm his sentence.
Counsel’s motion to withdraw is GRANTED.
DISMISSED in part; AFFIRMED in part.
2 15-10386