United States v. Estrada

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS NOV 26 2024 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 23-2015 D.C. No. 1:19-cr-02045-MKD-1 Plaintiff - Appellee, v. MEMORANDUM* LUCIO ANGEL ESTRADA, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Washington Mary K. Dimke, District Judge, Presiding Submitted November 20, 2024** Before: CANBY, TALLMAN, and CLIFTON, Circuit Judges. Lucio Angel Estrada appeals from the district court’s judgment and challenges his guilty-plea conviction and 120-month sentence for possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(B)(viii). Pursuant to Anders v. California, 386 U.S. 738 (1967), Estrada’s * 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). counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. Estrada has filed a pro se supplemental opening brief. The government has filed a motion to dismiss, to which Estrada has responded. We agree with the government that Estrada’s appeal waiver covers this appeal and our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80 (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). The government recommended, and Estrada received, a sentence consistent with the plea agreement. We accordingly grant the government’s motion to dismiss the appeal. Counsel’s motion to withdraw is GRANTED. Estrada’s motion for appointment of new counsel is denied. Estrada’s request for sanctions is denied. DISMISSED. 2 23-2015