LAW.coLAW.co

UNITED STATES of America, Plaintiff-Appellee, v. George GERALDO, Defendant-Appellant

United States Court of Appeals for the Ninth Circuit2017-04-19No. No. 16-30212
688 F. App'x 438

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

MEMORANDUM

George Geraldo appeals from the district court’s judgment and challenges his guilty-plea conviction and 132-month sentence for possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B). Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Geral-do’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 considered Geraldo’s pro se supplemental brief. No answering brief has been filed.

Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), discloses no arguable grounds for relief as to Geraldo’s conviction. We accordingly affirm Geraldo’s conviction.

Geraldo waived the right to appeal his sentence. Because the record discloses no arguable issue as to the validity of the sentencing waiver, we dismiss Geraldo’s appeal as to his sentence. See United States v. Watson, 582 F.3d 974, 986-88 (9th Cir. 2009).

Counsel’s motion to withdraw is GRANTED.

AFFIRMED in part; DISMISSED in part.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.