U.S. Court of Appeals for the Ninth Circuit, 2014

United States v. Harry Madera

United States v. Harry Madera
U.S. Court of Appeals for the Ninth Circuit · Decided June 27, 2014 · Hawkins, Tallman, Nguyen
581 F. App'x 620

United States v. Harry Madera

Opinion

MEMORANDUM **

Harry Madera appeals from the district court’s judgment and challenges the 130-month sentence imposed following his guilty-plea conviction for conspiracy to distribute and possess with intent to distribute controlled substances, in violation of 21 U.S.C. § 846. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Madera’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 Madera the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.

Madera waived the right to appeal six 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 *621 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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