FILED
NOT FOR PUBLICATION MAY 23 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 12-50552
Plaintiff - Appellee, D.C. No. 2:12-cr-00423-MWF
v.
MEMORANDUM*
ALFREDO SANDOVAL-SANCHEZ,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Michael W. Fitzgerald, District Judge, Presiding
Submitted May 13, 2014**
Before: CLIFTON, BEA, and WATFORD, Circuit Judges.
Alfredo Sandoval-Sanchez appeals from the district court’s judgment and
challenges his guilty-plea conviction and 57-month sentence for possession with
intent to distribute at least 100 kilograms of marijuana, in violation of 21 U.S.C.
§ 841(a)(1), (b)(1)(B)(vii), and 18 U.S.C. § 2. Pursuant to Anders v. California,
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
386 U.S. 738 (1967), Sandoval-Sanchez’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 Sandoval-Sanchez the opportunity to file a pro se
supplemental brief. No pro se supplemental brief or answering brief has been
filed.
Sandoval-Sanchez waived his right to appeal his conviction, with the
exception of an appeal based on a claim that his plea was involuntary. He also
waived the right to appeal five specified issues related to his sentence. Our
independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80
(1988), discloses no arguable grounds for relief as to the voluntariness of
Sandoval-Sanchez’s plea or any sentencing issue outside the scope of the
sentencing appeal waiver. We therefore affirm as to those issues. We dismiss the
remainder of the appeal in light of the valid appeal waivers. See United States v.
Watson, 582 F.3d 974, 988 (9th Cir. 2009).
Counsel’s motion to withdraw is GRANTED.
AFFIRMED in part; DISMISSED in part.
2 12-50552