United States v. Juan Acuna-Aguilar

U.S. Court of Appeals for the Ninth Circuit

United States v. Juan Acuna-Aguilar

Opinion

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JAN 10 2020

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 19-10067

Plaintiff-Appellee, D.C. No. 2:17-cr-00080-GMS-7 v.

MEMORANDUM* JUAN CARLOS ACUNA-AGUILAR,

Defendant-Appellant.

Appeal from the United States District Court

for the District of Arizona

G. Murray Snow, District Judge, Presiding

Submitted January 8, 2020** Before: CALLAHAN, NGUYEN, and HURWITZ, Circuit Judges.

Juan Carlos Acuna-Aguilar appeals from the district court’s judgment and challenges his guilty-plea convictions and concurrent 165-month sentences for possession with intent to distribute marijuana and aiding and abetting, in violation of 18 U.S.C. § 2 and 21 U.S.C. § 841(a)(1), (b)(1)(B)(vii), and conspiracy to

*

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). commit money laundering, in violation of 18 U.S.C. § 1956(a)(1)(A)(i), (h). Pursuant to Anders v. California, 386 U.S. 738 (1967), Acuna-Aguilar’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided Acuna-Aguilar the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.

Acuna-Aguilar 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.

DISMISSED.

2 19-10067

Reference

Status
Unpublished