United States v. Alejandro Galvan

U.S. Court of Appeals for the Ninth Circuit
United States v. Alejandro Galvan, 710 F. App'x 307 (9th Cir. 2018)

United States v. Alejandro Galvan

Opinion

MEMORANDUM **

Alejandro Munoz Galvan appeals from the district court’s judgment and challenges his guilty-plea conviction and 196-month sentence for conspiracy to distribute and possess with intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and 846. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Galvan’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. Galvan has filed a pro se supplemental brief. No answering brief has been filed.

Galvan 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.

To the extent that Galvan seeks to raise a claim of ineffective assistance of counsel, we decline to address this issue on direct appeal. 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. Alejandro Munoz GALVAN, A.K.A. Abel Lemus, Defendant-Appellant
Status
Unpublished