United States v. Gonzvar

U.S. Court of Appeals for the Ninth Circuit

United States v. Gonzvar

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS DEC 26 2024 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-1883 D.C. No. 2:23-cr-00355-DJH-1 Plaintiff - Appellee,

v. MEMORANDUM*

JEAN EDWARD GONZVAR, AKA Jean Gonzvar,

Defendant - Appellant.

Appeal from the United States District Court for the District of Arizona Diane J. Humetewa, District Judge, Presiding

Submitted December 17, 2024**

Before: WALLACE, GRABER, and BUMATAY, Circuit Judges.

Jean Edward Gonzvar appeals from the district court’s judgment and

challenges his guilty-plea conviction and 54-month sentence for bank fraud, in

violation of 18 U.S.C. § 1344. Gonzvar’s counsel filed a brief under Anders v.

* 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). California, 386 U.S. 738 (1967), stating that there are no non-frivolous arguments

for appeal. Gonzvar has not filed a pro se supplemental brief.

In the plea agreement, Gonzvar waived his right to appeal the conviction and

sentence. Our independent review of the record, see Penson v. Ohio, 488 U.S. 75, 80 (1988), discloses no non-frivolous issue as to whether the appeal waiver is

enforceable. See United States v. Watson, 582 F.3d 974, 986-88 (9th Cir. 2009).

We therefore dismiss the appeal. See id. at 988.

Counsel’s motion to withdraw is granted.

DISMISSED.

2 23-1883

Reference

Status
Unpublished