Opinion
20-50221
07-21-2021
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. DAVID ANTHONY HURTADO, Jr., AKA David Huntain Huntain, AKA David Anthony Huntann, Defendant-Appellant.
NOT FOR PUBLICATION
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Appeal from the United States District Court for the Central District of California D.C. No. 5:18-cr-00279-PA-1 Percy Anderson, District Judge, Presiding
Before: SCHROEDER, SILVERMAN, and MURGUIA, Circuit Judges.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
David Anthony Hurtado, Jr., appeals from the district court's judgment and challenges his guilty-plea convictions and aggregate 240-month sentence for possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A)(viii), and being a felon in possession of a firearm and ammunition, in violation of 18 U.S.C. § 922(g)(1). Pursuant to Anders v. California, 386 U.S. 738 (1967), Hurtado'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 Hurtado the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.
Hurtado waived his right to appeal his convictions, with the exception of an appeal based on a claim that his pleas were involuntary. Hurtado also waived the right to appeal most aspects of his sentence. 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 the voluntariness of Hurtado's pleas or any aspect of the sentence that falls outside the scope of the appeal waiver. We, therefore, affirm as to those issues. Having found no arguable issues as to the enforceability of the appeal waiver, we dismiss the remainder of the appeal. See United States v. Watson, 582 F.3d 974, 988 (9th Cir. 2009).
Counsel's motion to withdraw is GRANTED.
AFFIRMED in part; DISMISSED in part.