United States v. Eduardo Corral

U.S. Court of Appeals for the Ninth Circuit
United States v. Eduardo Corral, 485 F. App'x 898 (9th Cir. 2012)

United States v. Eduardo Corral

Opinion

MEMORANDUM **

Eduardo Corral appeals from his guilty-plea conviction and 135-month sentence for distribution of methamphetamine, in *899 violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C), and transfer of a machine gun, in violation of 18 U.S.C. § 922(o )(1). Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Corral’s counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. Corral filed a pro se brief and the government filed a motion to dismiss the appeal.

Corral waived his right to appeal his conviction, with the exception of an appeal based on a claim that his plea was involuntary. He also waived the right to appeal five specified issues related to his sentence. Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), discloses no arguable grounds for relief as to Corral’s plea or any sentencing issue outside the scope of the appeal waiver. We therefore affirm as to those issues. We dismiss the remainder of the appeal in light of the valid appeal waiver. See United States v. Watson, 582 F.3d 974, 988 (9th Cir. 2009).

Counsel’s motion to withdraw is GRANTED.

The government’s motion to dismiss is GRANTED in part.

Corral’s pro se motion to dismiss the government’s August 7, 2012, reply brief is DENIED.

AFFIRMED in part; DISMISSED in part.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Eduardo CORRAL, A.K.A. Eduardo Flores Corral, A.K.A. Eduardo Mendoza Corral, A.K.A. Edwardo Corral, A.K.A. Huero, A.K.A. Eduardo Corral Mendoza, A.K.A. Edward Mendoza, Defendant-Appellant
Status
Unpublished