United States v. Ramon Carreno-Ochoa

U.S. Court of Appeals for the Ninth Circuit
United States v. Ramon Carreno-Ochoa, 709 F. App'x 493 (9th Cir. 2018)

United States v. Ramon Carreno-Ochoa

Opinion

MEMORANDUM **

Ramon Carreno-Ochoa appeals from the district court's judgment and challenges his guilty-plea conviction and 63-month sentence for assault of a federal officer resulting in bodily injury, in violation of 18 U.S.C. §§ 111(a) and (b), 1114. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Carre-no-Ochoa’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. Carreno-Ochoa has filed a pro se supplemental brief. No answering brief has been filed.

Carreno-Ochoa waived his right to appeal his conviction and sentence. Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 76, 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.

We decline to address on direct appeal Carreno-Ochoa’s pro se claim of ineffective assistance of counsel. See United States v. Rahman, 642 F.3d 1257, 1259-60 (9th Cir. 2011).

Counsel’s motion to withdraw is GRANTED.

DISMISSED.

**

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. Ramon CARRENO-OCHOA, Defendant-Appellant
Status
Unpublished