United States v. Everardo Hernandez

U.S. Court of Appeals for the Ninth Circuit
United States v. Everardo Hernandez, 670 F. App'x 966 (9th Cir. 2016)

United States v. Everardo Hernandez

Opinion

MEMORANDUM **

Everardo Aguilar Hernandez appeals from the district court’s judgment and challenges his guilty-plea conviction and 36-month sentence for conspiracy to possess with intent to distribute marijuana, in violation of 21 U.S.C. § 846, 841(a)(1), (b)(1)(C). Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Hernandez’s counsel has filed a brief stating that there are no *967 grounds for relief, along with a motion to withdraw as counsel. We have provided Hernandez the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.

Hernandez 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 his sentence, with the exception of the court’s calculation of his criminal history category. 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 the voluntariness of Hernandez’s plea or the criminal history category calculated by the court. We therefore affirm as to those issues. We dismiss the remainder of the appeal in light of the valid appeal waivers. See United States v. Watson, 582 F.3d 974, 986-88 (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 Ninth Circuit Rule 36-3.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Everardo Aguilar HERNANDEZ, AKA Evelardo Aguilar Hernandez, Defendant-Appellant
Status
Unpublished