United States of America v. Jason B. Mitchell

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
JASON B. MITCHELL,
Defendant-Appellant.
Nos. 21-10086
21-10088
D.C. Nos. 1:18-cr-00195-HG-1
1:05-cr-00052-HG-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Hawaii
Helen Gillmor, District Judge, Presiding
Submitted November 8, 2021**
Before: CANBY, TASHIMA, and MILLER, Circuit Judges.
In these consolidated appeals, Jason B. Mitchell appeals his guilty-plea
conviction and 170-month sentence for conspiracy to distribute and possess with
intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1),
(b)(1)(A), and 846, as well as the revocation of supervised release and concurrent
* 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
NOV 19 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 21-10086 & 21-10088
37-month sentence imposed upon revocation. Pursuant to Anders v. California,
386 U.S. 738 (1967), Mitchell’s counsel has filed a brief stating that there are no
grounds for relief, along with a motion to withdraw as counsel of record. We have
provided Mitchell the opportunity to file a pro se supplemental brief. No pro se
supplemental brief or answering brief has been filed.
In Appeal No. 21-10086, Mitchell 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 that appeal. See id. at 988.
In Appeal No. 21-10088, our independent review of the record pursuant to
Penson discloses no arguable grounds for relief on direct appeal.
Counsel’s motion to withdraw is GRANTED. Mitchell’s pro se motion to
appoint substitute counsel is DENIED. To the extent Mitchell’s motion asserts a
challenge to his sentence, that challenged is barred by the appeal waiver.
APPEAL NO. 21-10086 DISMISSED.
APPEAL NO. 21-10088 AFFIRMED.

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