NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT DEC 17 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
UNITED STATES OF AMERICA, No. 14-30020
Plaintiff - Appellee, D.C. No. 2:12-cr-00062-RSL
v.
MEMORANDUM*
YOAN CAMPOS BORJORQUEZ,
Defendant - Appellant.
Appeal from the United States District Court
for the Western District of Washington
Robert S. Lasnik, District Judge, Presiding
Submitted December 9, 2014**
Before: WALLACE, LEAVY, and BYBEE, Circuit Judges.
Yoan Campos Borjorquez appeals from the district court’s judgment and
challenges his guilty-plea conviction and 120-month sentence for conspiracy to
distribute controlled substances, in violation of 21 U.S.C. §§ 841(a)(1),
841(b)(1)(A), and 846. Pursuant to Anders v. California, 386 U.S. 738 (1967),
*
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).
Borjorquez’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
Borjorquez the opportunity to file a pro se supplemental brief. No pro se
supplemental brief or answering brief has been filed.
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 Borjorquez’s
conviction. We accordingly affirm Borjorquez’s conviction.
Borjorquez waived the right to appeal his sentence. Because the record
discloses no arguable issue as to the validity of the sentencing waiver, we dismiss
Borjorquez’s appeal as to his sentence. See United States v. Watson, 582 F.3d 974,
986-88 (9th Cir. 2009).
We remand to the district court with instructions to correct the judgment to
reflect that Borjorquez was convicted of violating 21 U.S.C. § 846.
Counsel’s motion to withdraw is GRANTED.
AFFIRMED in part; DISMISSED in part; REMANDED to correct the
judgment.
2 14-30020