FILED
NOT FOR PUBLICATION
APR 11 2017
UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 15-50081
Plaintiff-Appellee, D.C. No.
2:13-cr-00401-SJO-1
v.
EDWARD DIAZ, a.k.a. Bouncer, MEMORANDUM*
Defendant-Appellant.
Appeal from the United States District Court
for the Central District of California
S. James Otero, District Judge, Presiding
Submitted April 7, 2017**
Before: HUG, FARRIS, and CANBY, Circuit Judges.
Edward Diaz appeals from the district court’s judgment and challenges his
guilty-plea conviction and 136-month sentence for distribution of
methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A)(viii).
Pursuant to Anders v. California, 386 U.S. 738 (1967), Diaz’s counsel has filed a
*
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).
brief stating that there are no grounds for relief, along with a motion to withdraw
as counsel. We have provided Diaz the opportunity to file a pro se supplemental
brief. No pro se supplemental brief or answering brief has been filed.
Diaz 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. 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 Diaz’s plea. We therefore affirm as to that issue. We dismiss the
remainder of the appeal in light of the valid appeal waivers. 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.
2