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FILED NOT FOR PUBLICATION OCT 03 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 08-50235 Plaintiff - Appellee, D.C. No. 2:06-cr-00432-FMC v. MEMORANDUM * JOHN PETER YUNKA, Defendant - Appellant. Appeal from the United States District Court for the Central District of California Florence-Marie Cooper, District Judge, Presiding Submitted September 27, 2011 ** Before: HAWKINS, SILVERMAN, and W. FLETCHER, Circuit Judges. John Peter Yunka appeals from his guilty-plea conviction and 46-month sentence for wire fraud, in violation of
18 U.S.C. § 1343, and mail fraud, in violation of
18 U.S.C. § 1341. Pursuant to Anders v. California,
386 U.S. 738(1967), Yunka’s counsel has filed a brief stating there are no grounds for relief, * 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). along with a motion to withdraw as counsel of record. We have provided the appellant with the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed. Our independent review of the record pursuant to Penson v. Ohio,
488 U.S. 75, 80-81 (1988), discloses no arguable grounds for relief as to the defendant’s conviction. We dismiss the appeal of the sentence 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. The conviction is AFFIRMED, and the appeal of the sentence is DISMISSED. 2 08-50235
Document Info
Docket Number: 08-50235
Citation Numbers: 451 F. App'x 657
Judges: Fletcher, Hawkins, Silverman
Filed Date: 10/3/2011
Precedential Status: Non-Precedential
Modified Date: 8/5/2023