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UNITED STATES v. CHANDLER (2021)

United States Court of Appeals, Ninth Circuit.2021-01-26No. No. 19-30285

Summary

Holding. The court dismissed the appeal after finding no arguable issue regarding the validity of Chandler's appellate waiver, and granted counsel's motion to withdraw.

Roam Savage Chandler appealed his convictions and 120-month sentence for sex trafficking of a minor and related racketeering charges. Chandler had entered a guilty plea and waived his right to appeal as part of his plea agreement. After appointed counsel filed a brief under Anders v. California indicating no meritorious grounds for appeal and moved to withdraw, the court conducted an independent review of the record to determine whether the appeal waiver was valid.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Validity of appellate waiver in guilty plea agreement
  • Whether arguable grounds for relief existed despite waiver
  • Appropriateness of counsel withdrawal under Anders framework

Procedural posture

Chandler appealed his guilty-plea conviction and sentence following a district court judgment, with appointed counsel filing an Anders brief and seeking to withdraw.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

MEMORANDUM **

Roam Savage Chandler appeals from the district courts judgment and challenges his guilty-plea convictions and aggregate 120-month sentence for sex trafficking of a minor and use of an interstate facility in aid of racketeering, in violation of 18 U.S.C. §§ 1591(a)(1), (b)(2), and 1952(a)(3), respectively. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Chandlers 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 Chandler the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.

Chandler 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, 109 S.Ct. 346, 102 L.Ed.2d 300 (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.

Counsels motion to withdraw is GRANTED.

DISMISSED.