United States v. Jesus Salazar-Espinoza ( 2021 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAR 18 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 19-50377
Plaintiff-Appellee, D.C. No. 2:17-cr-00288-AB-1
v.
MEMORANDUM*
JESUS RAUL SALAZAR-ESPINOZA,
AKA Jesus Salazar Cerbontes, AKA
Antonio Hernandes Cervantes, AKA
Antonio Pinosa Cervantes, AKA Hernandez
Antonio Cervantes, AKA Jesus Salazar
Cervantes, AKA Antonio Cervantes-
Hernandez, AKA Jesus Espinosa, AKA
Ramon J. Hernandez, AKA Salazar Israel
Cervantes, AKA Jesus Salazar Pedro, AKA
Gabriel Espinoza Salazar, AKA Gabriel P.
Salazar, AKA Raul Salazar-Lopez,
Defendant-Appellant.
Appeal from the United States District Court
for the Central District of California
Andre Birotte, Jr., District Judge, Presiding
Submitted March 16, 2021**
Before: GRABER, R. NELSON, and HUNSAKER, Circuit Judges.
*
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).
Jesus Raul Salazar-Espinoza appeals from the district court’s judgment and
challenges his guilty-plea convictions and aggregate 180-month sentence for
possession with intent to distribute methamphetamine, in violation of 21 U.S.C.
§ 841(a)(1) and (b)(1)(A)(viii), and possession of a firearm in furtherance of a drug
trafficking crime, in violation of 18 U.S.C. § 924(c)(1)(A)(i). Pursuant to Anders
v. California, 386 U.S. 738 (1967), Salazar-Espinoza’s counsel has filed a brief
stating that there are no grounds for relief, along with a motion to withdraw as
counsel of record. Salazar-Espinoza has filed a pro se supplemental brief and
request to appoint new counsel. The government has moved for summary
affirmance.
Salazar-Espinoza waived his right to appeal his convictions, with the
exception of an appeal based on a claim that his pleas were involuntary. Salazar-
Espinoza also waived the right to appeal most aspects of his sentence. 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 the voluntariness of Salazar-
Espinoza’s pleas or any aspect of the sentence that falls outside the scope of the
appeal waiver. We, therefore, affirm as to those issues, and grant in part the
government’s motion for summary affirmance. Having found no arguable issues
as to the enforceability of the appeal waiver, we dismiss the remainder of the
appeal. See United States v. Watson, 582 F.3d 974, 988 (9th Cir. 2009).
2 19-50377
The government’s motion to file under seal its motion to seal and its motion
for summary affirmance is GRANTED. The Clerk will maintain under seal the
motions submitted at Docket Entry Nos. 32-1 and 32-2.
Counsel’s motion to withdraw is GRANTED. Salazar-Espinoza’s request
to appoint new counsel is DENIED.
AFFIRMED in part; DISMISSED in part.
3 19-50377