United States v. Robert Folsom ( 2022 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUL 20 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 21-10256
Plaintiff-Appellee, D.C. No.
2:17-cr-00176-JAD-VCF-1
v.
ROBERT FOLSOM, MEMORANDUM*
Defendant-Appellant.
Appeal from the United States District Court
for the District of Nevada
Jennifer A. Dorsey, District Judge, Presiding
Submitted July 12, 2022**
Before: SCHROEDER, R. NELSON, and VANDYKE, Circuit Judges.
Robert Folsom appeals from the district court’s judgment and challenges his
guilty-plea conviction and 12-month-and-1-day sentence for possession with intent
to distribute a controlled substance, in violation of 21 U.S.C. § 841(a)(1),
(b)(1)(C). Pursuant to Anders v. California, 386 U.S. 738 (1967), Folsom’s
*
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).
counsel has filed a brief stating that there are no grounds for relief, along with a
motion to withdraw as counsel of record. Folsom has filed a pro se supplemental
brief. No 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 issue as to Folsom’s conviction. The record
does not support Folsom’s pro se contention that his plea was not knowing and
voluntary, or his other challenges to the validity of his conviction, and we do not
reach on direct appeal his claims of ineffective assistance of counsel. See United
States v. Rahman, 642 F.3d 1257, 1259-60 (9th Cir. 2011). Accordingly, we
affirm Folsom’s conviction.
Folsom waived his right to appeal his sentence. Because the record
discloses no arguable issue as to the validity of the waiver, see Penson, 488 U.S. at
80, we dismiss Folsom’s appeal of 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 21-10256