United States v. Fang

U.S. Court of Appeals for the Ninth Circuit

United States v. Fang

Opinion

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS DEC 22 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 25-3115

D.C. No.

Plaintiff - Appellee, 1:24-cr-00001-RVM-1 v.

MEMORANDUM* YE FANG, AKA BATU,

Defendant - Appellant.

Appeal from the District of Northern Mariana Islands

Ramona V. Manglona, District Judge, Presiding

Submitted December 17, 2025** Before: PAEZ, CHRISTEN, and KOH, Circuit Judges.

Ye Fang appeals from the district court’s judgment and challenges his guilty-plea conviction and 300-month sentence for conspiracy to possess with intent to distribute methamphetamine in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A)(viii), and 846.

*

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).

Fang’s counsel filed a brief under Anders v. California, 386 U.S. 738 (1967), stating that there are no non-frivolous arguments for appeal. Fang has not filed a pro se supplemental brief.

In the plea agreement, Fang 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.

Fang filed a notice of intent to file publicly Volume 1 of the supplemental excerpts of record. See 9th Cir. R. 27-13(f). No other party has filed a motion to file or maintain this document under seal. The clerk will therefore unseal the notice (Docket Entry No. 14.1) and file publicly the supplemental excerpts of record (Docket Entry Nos. 14.2 & 16), and the excerpts of record at Docket Entry No. 6.

Counsel’s motion to withdraw is granted.

DISMISSED.

2 25-3115

Reference

Status
Unpublished