United States of America v. Jose Guadalupe Hernandez, a.k.a. Serio

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JOSE GUADALUPE HERNANDEZ,
a.k.a. Serio,
Defendant - Appellant.
No. 14-50225
D.C. No. 2:12-cr-00543-PA-2
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Percy Anderson, District Judge, Presiding
Submitted July 7, 2016**
Before: HUG, FARRIS, and CANBY, Circuit Judges.
Jose Guadalupe Hernandez appeals from the district court’s judgment and
challenges the 121-month sentence imposed following his guilty-plea conviction
for conspiracy to distribute methamphetamine, in violation of 21 U.S.C. §§ 846
FILED
JUL 11 2016
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).

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and 841(b)(1)(A)(viii). Pursuant to Anders v. California, 386 U.S. 738 (1967),
Hernandez’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
Hernandez the opportunity to file a pro se supplemental brief. No pro se
supplemental brief or answering brief has been filed.
Hernandez waived his right to appeal his sentence, although he retained the
right to appeal some conditions of supervised release. Our independent review of
the record pursuant to Penson v. Ohio, 488 U.S. 75, 80 (1988), discloses no
arguable grounds for relief regarding the terms and conditions of supervised
release. We therefore affirm as to that issue. We dismiss the remainder of the
appeal in light of the valid appeal waiver. See United States v. Watson, 582 F.3d
974, 986-88 (9th Cir. 2009).
Counsel’s motion to withdraw is GRANTED.
AFFIRMED in part; DISMISSED in part.
2

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