Opinion
21-50174
08-25-2022
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. RICHARD LOREN LEWIS, 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NOT FOR PUBLICATION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 No. 5:21-cr-00075-JWH-1 for the Central District of California John W. Holcomb, District Judge, Presiding
Before: S.R. THOMAS, PAEZ, and LEE, Circuit Judges.
MEMORANDUM
Richard Loren Lewis appeals from the district court's judgment and challenges his guilty-plea convictions and 27-month sentence for bank fraud and false statement to a financial institution, in violation of 18 U.S.C. §§ 1344(1), 1014, and 2(b). Pursuant to Anders v. California, 386 U.S. 738 (1967), Lewis'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 Lewis the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.
Lewis waived the right to appeal his convictions, with the exception of an appeal based on a claim that his pleas were involuntary, and 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 issue as to the validity of the waiver. See United States v. Watson, 582 F.3d 974, 986-88 (9th Cir. 2009). We therefore dismiss the appeal as to all issues covered by the appeal waiver. We affirm as to all other issues because our review of the record discloses no arguable grounds for relief as to the voluntariness of Lewis's pleas or any aspect of the sentence that falls outside the scope of the appeal waiver.
Counsel's motion to withdraw is GRANTED.
AFFIRMED in part; DISMISSED in part.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).