United States v. Ronnie Moreno ( 2018 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAR 19 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 17-30051
Plaintiff-Appellee, D.C. No. 3:16-cr-00032-SLG
v.
MEMORANDUM*
RONNIE MORENO,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Alaska
Sharon L. Gleason, District Judge, Presiding
Submitted March 13, 2018**
Before: LEAVY, M. SMITH, and CHRISTEN, Circuit Judges.
Ronnie Moreno appeals from the district court’s judgment and challenges
his guilty-plea conviction and 120-month sentence for conspiracy to distribute and
to possess with intent to distribute methamphetamine, in violation of 21 U.S.C.
§§ 841(a)(1), (b)(1)(B), 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), Moreno’s counsel has filed a brief stating that there are no grounds for
relief, along with a motion to withdraw as counsel of record. Moreno has filed a
pro se supplemental brief. No answering brief has been filed.
Moreno waived his right to appeal his conviction and sentence, provided the
district court imposed a sentence that did not exceed the statutory maximum
penalties. 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.
To the extent that Moreno seeks to raise a claim of ineffective assistance of
trial or appellate counsel, we decline to address this issue on direct appeal. See
United States v. Rahman, 642 F.3d 1257, 1259-60 (9th Cir. 2011).
Counsel’s motion to withdraw is GRANTED.
Moreno’s pro se motions for release pending appeal and for substitute
counsel are DENIED as moot.
DISMISSED.
2 17-30051