United States v. Vincencio Palma-Salazar , 655 F. App'x 609 ( 2016 )


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  •                                                                             FILED
    NOT FOR PUBLICATION
    JUL 25 2016
    UNITED STATES COURT OF APPEALS                      MOLLY C. DWYER, CLERK
    U.S. COURT OF APPEALS
    FOR THE NINTH CIRCUIT
    UNITED STATES OF AMERICA,                        No.      15-30203
    Plaintiff-Appellee,               D.C. No.
    2:13-cr-00049-RSL-1
    v.
    VINCENCIO PALMA-SALAZAR,                         MEMORANDUM*
    Defendant-Appellant.
    Appeal from the United States District Court
    for the Western District of Washington
    Robert S. Lasnik, District Judge, Presiding
    Submitted July 21, 2016**
    Before:        HUG, FARRIS, and CANBY, Circuit Judges.
    Vincencio Palma-Salazar appeals from the district court’s judgment and
    challenges his guilty-plea conviction and 120-month sentence for conspiracy to
    distribute cocaine, heroin, and methamphetamine, in violation of 21 U.S.C. §§
    841(a)(1), 841(b)(1)(A), 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), Palma-Salazar’s counsel has filed a brief stating that there are no grounds
    for relief, along with a motion to withdraw as counsel of record. No pro se
    supplemental brief or answering brief has been filed.
    Palma-Salazar has waived his right to appeal both the conviction and the
    sentence. Because the record discloses no arguable issue as to the validity of the
    appeal waiver, we dismiss the appeal. See United States v. Watson, 
    582 F.3d 974
    ,
    986-88 (9th Cir. 2009).
    We decline to review Palma-Salazar’s ineffective assistance of counsel
    claims on direct appeal. See United States v. Rahman, 
    642 F.3d 1257
    , 1260 (9th
    Cir. 2011). We leave open the possibility that he might raise an ineffective
    assistance of counsel claim in collateral proceedings. See 
    id. Counsel’s motion
    to withdraw is GRANTED.
    DISMISSED.
    2
    

Document Info

Docket Number: 15-30203

Citation Numbers: 655 F. App'x 609

Filed Date: 7/25/2016

Precedential Status: Non-Precedential

Modified Date: 1/13/2023