United States of America v. George Geraldo

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
GEORGE GERALDO,
Defendant-Appellant.
No. 16-30212
D.C. No. 9:16-cr-00015-DLC
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Dana L. Christensen, Chief Judge, Presiding
Submitted April 11, 2017**
Before: GOULD, CLIFTON, and HURWITZ, Circuit Judges.
George Geraldo appeals from the district court’s judgment and challenges
his guilty-plea conviction and 132-month sentence for possession with intent to
distribute methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B).
Pursuant to Anders v. California, 386 U.S. 738 (1967), Geraldo’s counsel has filed
FILED
APR 19 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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a brief stating that there are no grounds for relief, along with a motion to withdraw
as counsel of record. We have considered Geraldo’s pro se supplemental brief. No
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 Geraldo’s conviction.
We accordingly affirm Geraldo’s conviction.
Geraldo waived the right to appeal his sentence. Because the record
discloses no arguable issue as to the validity of the sentencing waiver, we dismiss
Geraldo’s appeal as to 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.
16-30212 2

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