United States v. Eliseo Gomez

FILED NOT FOR PUBLICATION NOV 03 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 10-10331 Plaintiff - Appellee, D.C. No. 2:07-cr-00268-FCD v. MEMORANDUM * ELISEO GOMEZ, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of California Frank C. Damrell, Jr., District Judge, Presiding Submitted October 25, 2011 ** Before: TROTT, GOULD, and RAWLINSON, Circuit Judges. Eliseo Gomez appeals from his guilty-plea conviction and 188-month sentence for conspiracy to distribute and possess with intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and 846, and possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841(a)(1). * 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). Pursuant to Anders v. California, 386 U.S. 738 (1967), Gomez’s counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. In his pro se supplemental brief, Gomez contends that the district court erroneously assessed two criminal history points based on a prior felony conviction. Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80-81 (1988), discloses no arguable grounds for relief on direct appeal. We dismiss in light of the valid appeal waiver. See United States v. Nguyen, 235 F.3d 1179, 1182 (9th Cir. 2000). Counsel’s motion to withdraw is GRANTED. DISMISSED. 2 10-10331