United States v. David Rodriguez , 530 F. App'x 651 ( 2013 )


Menu:
  •                                                                            FILED
    NOT FOR PUBLICATION                             JUN 21 2013
    MOLLY C. DWYER, CLERK
    UNITED STATES COURT OF APPEALS                      U.S. COURT OF APPEALS
    FOR THE NINTH CIRCUIT
    UNITED STATES OF AMERICA,                        No. 11-50242
    Plaintiff - Appellee,             D.C. No. 2:07-cr-01172-DDP
    v.
    MEMORANDUM*
    DAVID RODRIGUEZ, a.k.a. Little Player,
    a.k.a. Player,
    Defendant - Appellant.
    Appeal from the United States District Court
    for the Central District of California
    Dean D. Pregerson, District Judge, Presiding
    Submitted June 18, 2013**
    Before:        TALLMAN, M. SMITH, and HURWITZ, Circuit Judges.
    David Rodriguez appeals from the district court’s judgment and challenges
    the 97-month sentence imposed following his guilty-plea conviction for racketeer
    influenced and corrupt organizations conspiracy, in violation of 
    18 U.S.C. § 1962
    .
    *
    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).
    Pursuant to Anders v. California, 
    386 U.S. 738
     (1967), Rodriguez’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 Rodriguez the opportunity to
    file a pro se supplemental brief. No pro se supplemental brief or answering brief
    has been filed.
    Rodriguez waived his right to appeal five specified issues related to 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 any sentencing
    issue outside the scope of the appeal waiver. We therefore affirm as to those
    issues. We dismiss the remainder of the appeal in light of the valid appeal waiver.
    See United States v. Watson, 
    582 F.3d 974
    , 988 (9th Cir. 2009).
    Counsel’s motion to withdraw is GRANTED.
    AFFIRMED in part; DISMISSED in part.
    2                                     11-50242
    

Document Info

Docket Number: 11-50242

Citation Numbers: 530 F. App'x 651

Judges: Hurwitz, Smith, Tallman

Filed Date: 6/21/2013

Precedential Status: Non-Precedential

Modified Date: 8/6/2023