United States v. Miguel Beltran-Marquez

Good Law
541 F. App'x 769
United States Court of Appeals for the Ninth CircuitOctober 3, 201312-30223, 12-30225California274 words

Opinion

Opinion

MEMORANDUM

In these consolidated appeals, Miguel Beltran-Marquez appeals his guilty-plea conviction and 188-month sentence for conspiracy to distribute methamphetamine, in violation of 21 U.S.C. § 841 (a)(1), (b)(1)(A); and the revocation of supervised release and concurrent 18-month sentence imposed upon revocation. Pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), Beltran-Marquez’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. Beltran-Marquez has filed a pro se supplemental brief. No answering brief has been filed.

Beltran-Marquez has waived his right to appeal his conspiracy conviction and 188-month sentence. Because the record discloses no arguable issue as to the validity of the waiver, we dismiss Appeal No. 12-30223. See United States v. Watson, 582 F.3d 974, 986-88 (9th Cir.2009).

Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80 , 109 S.Ct. 346 , 102 L.Ed.2d 300 (1988), discloses no arguable grounds for relief with respect to the revocation of supervised release or the sentence imposed upon revocation. We therefore affirm…

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