United States v. Juan Torrecillas-Torres
United States v. Juan Torrecillas-Torres
Opinion
MEMORANDUM **
Juan Francisco Torrecillas-Torres appeals from the district court’s judgment and challenges his guilty-plea conviction and 120-month sentence for conspiracy to possess with intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), (b)(l)(A)(viii), 846. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Torrecillas-Torres’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. Torrecillas-Torres has filed a pro se supplemental brief. No answering brief has been filed.
Torrecillas-Torres has waived his right to appeal his conviction and 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 issue as to the validity of the waiver. See United States v. Watson, 582 F.3d 974, 986-88 (9th Cir. 2009). We accordingly dismiss the appeal. See id. at 988.
Torrecillas-Torres’s contention that the appeal waiver is unenforceable is unpersuasive. We decline to consider Torrecillas-Torres’s claim of ineffective assistance of trial counsel because the record is insufficiently developed to evaluate that claim on direct appeal, and Torrecillas-Torres’s legal representation was not so inadequate as to obviously deny his right to counsel. See United States v. Rahman, 642 F.3d 1257, 1259-60 (9th Cir. 2011).
*640 Counsel’s motion to withdraw is GRANTED.
DISMISSED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
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