United States of America v. Fred Burling Hovey, Iii

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
FRED BURLING HOVEY, III,
Defendant - Appellant.
No. 13-50128
D.C. No. 3:12-cr-00624-IEG
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Irma E. Gonzalez, District Judge, Presiding
Submitted May 13, 2014**
Before: CLIFTON, BEA, and WATFORD, Circuit Judges.
Fred Hovey appeals from the district court’s judgment and challenges his
guilty-plea conviction and the 120-month sentence for importation of heroin, in
violation of 21 U.S.C. §§ 952 and 960. Pursuant to Anders v. California, 386 U.S.
738 (1967), Hovey’s counsel has filed a brief stating that there are no grounds for
FILED
MAY 20 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

-- 1 of 2 --

relief, along with a motion to withdraw as counsel of record. Hovey has filed a pro
se supplemental brief. The government has filed a motion to dismiss the appeal on
the basis of the appellate waiver in the parties’ plea agreement and has advised the
court that it does not intend to file an answering brief.
Hovey has waived the 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, grant the
government’s motion and dismiss the appeal. See id. at 988.
Counsel’s motion to withdraw is GRANTED.
DISMISSED.
13-50128 2

-- 2 of 2 --