United States of America v. Jesus Chavez Espinoza

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
JESUS CHAVEZ ESPINOZA,
Defendant-Appellant.
No. 18-10283
D.C. No. 3:17-cr-00244-WHO-4
MEMORANDUM*
Appeal from the United States District Court
for the Northern District of California
William H. Orrick, III, District Judge, Presiding
Submitted March 12, 2019**
Before: LEAVY, BEA, and N.R. SMITH, Circuit Judges.
Jesus Chavez Espinoza appeals from the district court’s judgment and
challenges his guilty-plea conviction and 120-month sentence for conspiracy to
distribute and possess with intent to distribute methamphetamine, cocaine, and
heroin, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A), and 846. Pursuant to
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
MAR 19 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 18-10283
Anders v. California, 386 U.S. 738 (1967), Espinoza’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 Espinoza the opportunity to file a pro se
supplemental brief. No pro se supplemental brief or answering brief has been
filed.
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 Espinoza’s conviction.
We accordingly affirm Espinoza’s conviction.
Espinoza waived the right to appeal his sentence. Because the record
discloses no arguable issue as to the validity of the sentencing waiver, we grant the
government’s motion to dismiss Espinoza’s appeal of his sentence. 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.

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