United States of America v. John Eugene Brown

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JOHN EUGENE BROWN,
Defendant - Appellant.
No. 12-50468
D.C. No. 2:12-cr-00611-JFW
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
John F. Walter, District Judge, Presiding
Submitted September 24, 2013**
Before: RAWLINSON, N.R. SMITH, and CHRISTEN, Circuit Judges.
John Eugene Brown appeals from the district court’s judgment and
challenges his guilty-plea conviction and 150-month sentence for possession with
intent to distribute cocaine base in the form of crack cocaine, in violation of 21
U.S.C. § 841(a)(1), (b)(1)(B). Pursuant to Anders v. California, 386 U.S. 738
FILED
OCT 03 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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12-50468 2
(1967), Brown’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
Brown the opportunity to file a pro se supplemental brief. No pro se supplemental
brief or answering brief has been filed.
Brown waived his right to appeal his conviction, with the exception of an
appeal based on a claim that his plea was involuntary. 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 Brown’s plea. We therefore
affirm as to that issue. We dismiss the remainder of Brown’s appeal of his
conviction in light of the valid appeal waiver. See United States v. Watson, 582
F.3d 974, 988 (9th Cir. 2009).
Because we find no arguable grounds for relief as to Brown’s sentence, we
affirm his sentence.
Counsel’s motion to withdraw is GRANTED.
AFFIRMED in part; DISMISSED in part.

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