United States v. Vincencio Palma-Salazar

FILED NOT FOR PUBLICATION JUL 25 2016 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 15-30203 Plaintiff-Appellee, D.C. No. 2:13-cr-00049-RSL-1 v. VINCENCIO PALMA-SALAZAR, MEMORANDUM* Defendant-Appellant. Appeal from the United States District Court for the Western District of Washington Robert S. Lasnik, District Judge, Presiding Submitted July 21, 2016** Before: HUG, FARRIS, and CANBY, Circuit Judges. Vincencio Palma-Salazar appeals from the district court’s judgment and challenges his guilty-plea conviction and 120-month sentence for conspiracy to distribute cocaine, heroin, and methamphetamine, 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 * 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). (1967), Palma-Salazar’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. No pro se supplemental brief or answering brief has been filed. Palma-Salazar has waived his right to appeal both the conviction and the sentence. Because the record discloses no arguable issue as to the validity of the appeal waiver, we dismiss the appeal. See United States v. Watson, 582 F.3d 974, 986-88 (9th Cir. 2009). We decline to review Palma-Salazar’s ineffective assistance of counsel claims on direct appeal. See United States v. Rahman, 642 F.3d 1257, 1260 (9th Cir. 2011). We leave open the possibility that he might raise an ineffective assistance of counsel claim in collateral proceedings. See id. Counsel’s motion to withdraw is GRANTED. DISMISSED. 2