United States of America v. Rick Mendoza

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).
EF/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
RICK MENDOZA,
Defendant - Appellant.
No. 08-30238
D.C. No. 2:06-cr-00124-LRS
MEMORANDUM *
Appeal from the United States District Court
for the Eastern District of Washington
Lonny R. Suko, Chief District Judge, Presiding
Submitted December 15, 2009**
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Rick Mendoza appeals from his guilty-plea conviction for conspiracy to
distribute 500 grams or more of a mixture or substance containing a detectable
FILED
DEC 23 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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EF/Research 08-30238 2
amount of methamphetamine and 500 grams or more of a mixture or substance
containing a detectable amount of cocaine, in violation of 21 U.S.C. §§ 841(a)(1)
and 846. Pursuant to Anders v. California, 386 U.S. 738 (1967), Mendoza’s
counsel has filed a brief stating there are no grounds for relief, along with a motion
to withdraw as counsel of record. Mendoza has filed a pro se supplemental brief,
and the government has filed an answering brief.
Our independent review of the record pursuant to Penson v. Ohio, 488 U.S.
75, 80-81 (1988), discloses no arguable grounds for relief on direct appeal.
Accordingly, counsel’s motion to withdraw is GRANTED, and the district
court’s judgment is AFFIRMED. However, we REMAND to the district court for
the limited purpose of correcting the judgment to clarify that Mendoza was
convicted of violating 21 U.S.C. §§ 841(a)(1) and 846.

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