United States v. Kevin McCoy ( 2020 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUN 8 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 19-10299
Plaintiff-Appellee, D.C. No. 2:17-cr-00317-JAT-3
v.
MEMORANDUM*
KEVIN DEAN MCCOY,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Arizona
James A. Teilborg, District Judge, Presiding
Submitted June 2, 2020**
Before: LEAVY, PAEZ, and BENNETT, Circuit Judges.
Kevin Dean McCoy appeals from the district court’s judgment and
challenges his guilty-plea convictions and 180-month sentence for conspiracy to
possess with intent to distribute controlled substances, in violation of 21 U.S.C.
§§ 841(a)(1), (b)(1)(A)(i), (b)(1)(A)(viii), (b)(1)(B)(ii), and 846, and money
*
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).
laundering conspiracy, in violation of 18 U.S.C. § 1956(h). Pursuant to Anders v.
California, 386 U.S. 738 (1967), McCoy’s counsel 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 McCoy the opportunity to file a pro se supplemental
brief. No pro se supplemental brief or answering brief has been filed.
McCoy waived his right to appeal his conviction and sentence. 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.
Counsel’s motion to withdraw is GRANTED.
DISMISSED.
2 19-10299