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U.S. v. Gandara-Garcia

United States Court of Appeals, Ninth Circuit
Aug 18, 2003
72 F. App'x 689 (9th Cir. 2003)

Opinion


72 Fed.Appx. 689 (9th Cir. 2003) UNITED STATES of America, Plaintiff-Appellee, v. Ramon GANDARA-GARCIA, aka Ramon Garcia, Defendant-Appellant. No. 02-10531. D.C. No. CR-02-00268-EHC. United States Court of Appeals, Ninth Circuit. August 18, 2003

Submitted August 11, 2003.

The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the United States District Court for the District of Arizona, Earl H. Carroll, District Judge, Presiding.

Before SCHROEDER, Chief Judge, HAWKINS, and TASHIMA, Circuit Judges.

MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.

Ramon Gandara-Garcia appeals his guilty-plea conviction and 120-month sentence imposed for conspiracy to distribute methamphetamine, in violation of 21 U.S.C. §§ 846 and 841(a). Gandara-Garcia's attorney has filed a brief and a motion to withdraw as counsel of record pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Gandara-Garcia has filed a pro se supplemental brief.

To the extent Gandara-Garcia has raised a claim of ineffective assistance of counsel in the pro se supplemental brief, we decline to consider the claim in this direct appeal. See United States v. Laughlin, 933 F.2d 786, 788 (9th Cir.1991) ("As a general rule, we will not review challenges to the effectiveness of defense counsel on direct appeal.").

Our review of the briefs and our independent review of the record under Penson v. Ohio, 488 U.S. 75, 83, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), disclose no issues requiring further review. Accordingly, counsel's motion to withdraw is GRANTED and the district court's judgment is AFFIRMED.


Summaries of

U.S. v. Gandara-Garcia

United States Court of Appeals, Ninth Circuit
Aug 18, 2003
72 F. App'x 689 (9th Cir. 2003)
Case details for

U.S. v. Gandara-Garcia

Case Details

Full title:UNITED STATES of America, Plaintiff-Appellee, v. Ramon GANDARA-GARCIA, aka…

Court:United States Court of Appeals, Ninth Circuit

Date published: Aug 18, 2003

Citations

72 F. App'x 689 (9th Cir. 2003)