United States of America v. John Peter Yunka

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NOT FOR PUBLICATION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.
JOHN PETER YUNKA,
Defendant - Appellant.
No. 08-50235
D.C. No. 2:06-cr-00432-FMC
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Florence-Marie Cooper, District Judge, Presiding
Submitted September 27, 2011**
Before: HAWKINS, SILVERMAN, and W. FLETCHER, Circuit Judges.
John Peter Yunka appeals from his guilty-plea conviction and 46-month
sentence for wire fraud, in violation of 18 U.S.C. § 1343, and mail fraud, in
violation of 18 U.S.C. § 1341. Pursuant to Anders v. California, 386 U.S. 738
(1967), Yunka’s counsel has filed a brief stating there are no grounds for relief,
FILED
OCT 03 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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08-50235 2
along with a motion to withdraw as counsel of record. We have provided the
appellant with 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 the defendant’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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