United States v. Boucher

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JAN 28 2025 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 24-3674 D.C. No. Plaintiff - Appellee, 3:21-cr-02872-BAS-1 v. MEMORANDUM* MARK J. BOUCHER, Defendant - Appellant. Appeal from the United States District Court for the Southern District of California Cynthia A. Bashant, District Judge, Presiding Submitted January 22, 2025** Before: CLIFTON, CALLAHAN, and BENNETT, Circuit Judges. Mark J. Boucher appeals from the district court’s judgment and challenges the 60-month sentence imposed following his guilty-plea conviction for wire fraud in violation of 18 U.S.C. § 1343. Boucher’s counsel filed a brief under Anders v. California, 386 U.S. 738 * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). (1967), stating that there are no non-frivolous arguments for appeal. Appellant has not filed a pro se supplemental brief. In the plea agreement, Boucher waived his right to appeal the sentence. Our independent review of the record, see Penson v. Ohio, 488 U.S. 75, 80 (1988), discloses no non-frivolous issue as to whether the appeal waiver is enforceable. See United States v. Watson, 582 F.3d 974, 986-88 (9th Cir. 2009). We therefore dismiss the appeal. See id. at 988. Counsel’s motion to withdraw is granted. DISMISSED. 2 24-3674