United States v. Jeremy McCrorey , 551 F. App'x 319 ( 2013 )

FILED
NOT FOR PUBLICATION DEC 30 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 13-30073
Plaintiff - Appellee, D.C. No. 2:12-cr-00062-RSL
v.
MEMORANDUM*
JEREMY McCROREY,
Defendant - Appellant.
Appeal from the United States District Court
for the Western District of Washington
Robert S. Lasnik, District Judge, Presiding
Submitted December 17, 2013**
Before: GOODWIN, WALLACE, and GRABER, Circuit Judges.
Jeremy McCrorey appeals from the district court’s judgment and challenges
his guilty-plea conviction and 72-month sentence for conspiracy to distribute
controlled substances, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B), and
846. Pursuant to Anders v. California, 386 U.S. 738 (1967), McCrorey’s counsel
*
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).
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 McCrorey 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 (1988), discloses no arguable grounds for relief as to McCrorey’s
conviction. We accordingly affirm the conviction.
McCrorey waived the right to appeal his sentence. Because the record
discloses no arguable issue as to the validity of the sentencing waiver, we dismiss
McCrorey’s appeal as to his sentence. 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 13-30073