Opinion
No. 14-10292
05-18-2015
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. LUIS ENRIQUE MEJIA-CALDERON, Defendant - Appellant.
NOT FOR PUBLICATION
D.C. No. 2:12-cr-00039-TLN MEMORANDUM Appeal from the United States District Court for the Eastern District of California
Troy L. Nunley, District Judge, Presiding
Before: LEAVY, CALLAHAN, and M. SMITH, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Luis Enrique Mejia-Calderon appeals from the district court's judgment and challenges his guilty-plea conviction and 108-month aggregate sentence for three counts of illegal use of a communication facility, in violation of 21 U.S.C. § 843(b). Pursuant to Anders v. California, 386 U.S. 738 (1967), Mejia-Calderon'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 Mejia-Calderon the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.
Mejia-Calderon 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.
DISMISSED.