U.S. Court of Appeals for the Ninth Circuit, 2013

United States v. David Rodriguez

United States v. David Rodriguez
U.S. Court of Appeals for the Ninth Circuit · Decided June 21, 2013 · Tallman, Smith, Hurwitz
530 F. App'x 651

United States v. David Rodriguez

Opinion

MEMORANDUM **

David Rodriguez appeals from the district court’s judgment and challenges the 97-month sentence imposed following his guilty-plea conviction for racketeer influenced and corrupt organizations conspiracy, in violation of 18 U.S.C. § 1962. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Rodriguez’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 Rodriguez the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.

Rodriguez waived his 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 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.

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.

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