United States of America v. Shaun Gui Hale

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
SHAUN GUI HALE,
Defendant-Appellant.
No. 19-10189
D.C. No. 3:17-cr-08127-JJT-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
John J. Tuchi, District Judge, Presiding
Submitted December 11, 2019**
Before: WALLACE, CANBY, and TASHIMA, Circuit Judges.
Shaun Gui Hale appeals from the district court’s judgment and challenges
his guilty-plea conviction and 84-month sentence for domestic assault by
strangling or suffocation, in violation of 18 U.S.C. §§ 113(a)(8) and 1153.
Pursuant to Anders v. California, 386 U.S. 738 (1967), Hale’s counsel has filed a
* 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
DEC 16 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

-- 1 of 2 --

2 19-10189
brief stating that there are no grounds for relief, along with a motion to withdraw
as counsel of record. The court has considered Hale’s letter dated October 25,
2019, which we treat as a pro se supplemental opening brief. No answering brief
had been filed.
Hale waived his right to appeal his conviction and sentence. Our
independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80
(1988), discloses no arguable issue as to the validity of the waiver. See United
States v. Watson, 582 F.3d 974, 986-88 (9th Cir. 2009). We accordingly dismiss
the appeal. See id. at 988.
Counsel’s motion to withdraw is GRANTED. Hale’s pro se motion for
appointment of counsel is DENIED.
DISMISSED.

-- 2 of 2 --