United States of America v. Terrall Eugene Tillman

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NOT FOR PUBLICATION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.
TERRALL EUGENE TILLMAN,
Defendant - Appellant.
No. 12-50404
D.C. No. 2:11-cr-01036-CAS
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Christina A. Snyder, District Judge, Presiding
Submitted October 15, 2013**
Before: FISHER, GOULD, and BYBEE, Circuit Judges.
Terrall Eugene Tillman appeals from district court’s judgment and
challenges his guilty-plea conviction and 120-month sentence for distribution of
methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A)(viii).
Pursuant to Anders v. California, 386 U.S. 738 (1967), Tillman’s counsel has filed
FILED
OCT 22 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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12-50404 2
a brief stating that there are no grounds for relief, along with a motion to withdraw
as counsel of record. We have provided Tillman the opportunity to file a pro se
supplemental brief. No pro se supplemental brief or answering brief has been
filed.
Tillman waived his right to appeal his conviction, with the exception of an
appeal based on a claim that his plea was involuntary. He 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 Tillman’s plea or any aspects of the sentence not covered by the
sentencing appeal waiver. We therefore affirm as to those issues. We dismiss the
remainder of the appeal in light of the valid appeal waivers. See United States v.
Watson, 582 F.3d 974, 988 (9th Cir. 2009).
We remand to the district court with instructions to amend the judgment to
delete “Possession with Intent to Distribute,” and replace it with “Distribution of,”
and to reflect that Tillman was convicted of violating 21 U.S.C. § 841(a)(1) and
(b)(1)(A)(viii).
Counsel’s motion to withdraw is GRANTED.
AFFIRMED in part; DISMISSED in part; REMANDED to correct the
judgment.

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