FILED
NOT FOR PUBLICATION NOV 02 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 14-50582
Plaintiff - Appellee, D.C. No. 2:12-cr-01135-RGK-3
v.
MEMORANDUM*
AARON SOTO, a.k.a. Bobby,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
R. Gary Klausner, District Judge, Presiding
Submitted October 26, 2015**
Before: HUG, FARRIS, and CANBY, Circuit Judges.
Aaron Soto appeals from the district court’s judgment and challenges his
guilty-plea conviction and 72-month sentence for a Racketeer Influenced and
Corrupt Organizations Conspiracy, in violation of 18 U.S.C. § 1962(d), and
possessing a firearm in furtherance of a crime of violence and a drug trafficking
*
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).
crime, in violation of 18 U.S.C. § 924(c). Pursuant to Anders v. California, 386
U.S. 738 (1967), Soto’s counsel has filed a brief stating that there are no grounds
for relief, along with a motion to withdraw as counsel. We have provided Soto the
opportunity to file a pro se supplemental brief. No pro se supplemental brief or
answering brief has been filed.
Soto 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 his sentence, although he retained the right to appeal some conditions of
supervised release. 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 Soto’s plea or the terms and conditions of supervised release. We
therefore affirm as to those issues. We dismiss the remainder of the appeal in light
of the valid appeal waiver. See United States v. Watson, 582 F.3d 974, 986-88 (9th
Cir. 2009).
Counsel’s motion to withdraw is GRANTED.
AFFIRMED in part; DISMISSED in part.
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