United States v. Salvador Jamaica-Arellano , 615 F. App'x 423 ( 2015 )

FILED
NOT FOR PUBLICATION AUG 31 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 13-10420
Plaintiff - Appellee, D.C. No. 2:11-cr-00075-MCE
v.
MEMORANDUM*
SALVADOR JAMAICA-ARELLANO,
a.k.a. Chava,
Defendant - Appellant.
Appeal from the United States District Court
for the Eastern District of California
Morrison C. England, Jr., Chief Judge, Presiding
Submitted August 25, 2015**
Before: McKEOWN, CLIFTON, and HURWITZ, Circuit Judges.
Salvador Jamaica-Arellano appeals from the district court’s judgment and
challenges his guilty-plea conviction and 70-month sentence for conspiracy to
distribute at least 50 grams of methamphetamine, in violation of 21 U.S.C.
*
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).
§§ 841(a)(1), 846. Pursuant to Anders v. California, 386 U.S. 738 (1967),
Jamaica-Arellano’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
Jamaica-Arellano the opportunity to file a pro se supplemental brief. No pro se
supplemental brief or answering brief has been filed.
Jamaica-Arellano waived his right to appeal his conviction and sentence.
Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80
(1988), discloses no arguable issue as to the validity of the waiver. See United
States v. Watson, 582 F.3d 974, 986-88 (9th Cir. 2009). We accordingly dismiss
the appeal. See id. at 988.1
Counsel’s motion to withdraw is GRANTED.
DISMISSED.
1
This disposition does not affect the district court’s amended order,
effective November 1, 2015, which reduced defendant’s sentence from 70 months
to 57 months under 18 U.S.C. § 3582(c)(2).
2 13-10420