United States v. Mauricio Aguilar-Roblero

U.S. Court of Appeals for the Ninth Circuit

United States v. Mauricio Aguilar-Roblero

Opinion

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS FEB 21 2019

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 17-30260

Plaintiff-Appellee, D.C. No. 2:17-cr-00052-TOR v.

MEMORANDUM* MAURICIO AGUILAR-ROBLERO,

Defendant-Appellant.

Appeal from the United States District Court

for the Eastern District of Washington

Thomas O. Rice, Chief Judge, Presiding

Submitted February 19, 2019** Before: FERNANDEZ, SILVERMAN, and WATFORD, Circuit Judges.

Mauricio Aguilar-Roblero appeals from the district court’s judgment and challenges his guilty-plea conviction and 135-month sentence for possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A)(viii). Pursuant to Anders v. California, 386 U.S. 738 (1967), Aguilar-

*

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

**

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Roblero’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. Aguilar-Roblero has filed a pro se supplemental brief. No answering brief has been filed.

Aguilar-Roblero 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 (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.

Counsel’s motion to withdraw is GRANTED. We treat Aguilar-Roblero’s pro se submissions, Docket Entry Nos. 14 and 21, as motions for appointment of new counsel and DENY the motions.

DISMISSED.

2 17-30260

Reference

Status
Unpublished