Summary
affirming dismissal of a complaint alleging improper billing because it "failed to allege a single specific incident in which improper billing occurred and the plaintiff never set forth the dates, times, or the names of individuals who engaged in the alleged improper billing"
Summary of this case from Scott v. Trott Law, P.C.Opinion
The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
Editorial Note:
This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA9 Rule 36-3 regarding use of unpublished opinions)
Appeal from the United States District Court for the Eastern District of California, Robert E. Coyle, District Judge, Presiding.
Before BROWNING, SCHROEDER and PREGERSON, Circuit Judges.
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 9th Cir. R. 36-3.
Joel Torres appeals his conviction by guilty plea and 188-month sentence for conspiracy to distribute heroin and possession of heroin with the intent to distribute. His attorney has filed a motion to withdraw as counsel of record pursuant to Anders v. California, 386 U.S. 738 (1967), and a brief stating that she can identify no issues for review and that Torres waived the right to appeal his conviction in his plea agreement.
Our examination of counsel's brief and our independent review of the record under Penson v. Ohio, 488 U.S. 75, 83 (1988), indicates that Torres's waiver of the right to appeal his conviction was valid. Accordingly, that part of Torres's appeal will be dismissed. See United States v. Bolinger, 940 F.2d 478, 480 (9th Cir.1991) (dismissing appeal where defendant knowingly and voluntarily waives right to appeal and is sentenced in accordance with plea agreement).
We also conclude, after reviewing the record, that there are no sentencing issues for review. Therefore, counsel's motion to withdraw is GRANTED, the appeal from Torres's sentence is AFFIRMED, and the appeal from Torres's conviction is DISMISSED.