United States of America v. Angel M. Melendez

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NOT FOR PUBLICATION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.
ANGEL M. MELENDEZ,
Defendant - Appellant.
No. 09-50273
D.C. No. 2:08-cr-00913-PA
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Percy Anderson, District Judge, Presiding
Submitted July 19, 2010**
Before: B. FLETCHER, REINHARDT, and WARDLAW, Circuit Judges.
Angel M. Melendez appeals from his guilty-plea conviction and 57-month
sentence for false statement in a loan application, in violation of 18 U.S.C. § 1014,
and aggravated identify theft, in violation of 18 U.S.C. § 1028A.
Pursuant to Anders v. California, 386 U.S. 738 (1967), Melendez’s counsel
FILED
AUG 02 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-50273 2
has filed a brief stating there are no grounds for relief, along with a motion to
withdraw as counsel of record. We have provided Melendez 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, 80-81 (1988), discloses no arguable grounds for relief as to Melendez’s
conviction. We dismiss the appeal of the sentence in light of the valid appeal
waiver. See United States v. Nguyen, 235 F.3d 1179, 1182 (9th Cir. 2000).
Counsel’s motion to withdraw is GRANTED.
The conviction is AFFIRMED, and the appeal of the sentence is
DISMISSED.

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