United States of America v. Carlos Omar Heredia-Nieblas

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
CARLOS OMAR HEREDIA-NIEBLAS,
Defendant-Appellant.
No. 17-10341
D.C. No. 2:15-cr-00522-SRB
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Susan R. Bolton, District Judge, Presiding
Submitted July 10, 2018**
Before: CANBY, W. FLETCHER, and CALLAHAN, Circuit Judges.
Carlos Omar Heredia-Nieblas appeals from the district court’s judgment and
challenges his guilty-plea conviction and 96-month sentence for conspiracy to
distribute methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A)(viii)
and 846. Pursuant to Anders v. California, 386 U.S. 738 (1967), Heredia-Nieblas’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).
FILED
JUL 12 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

-- 1 of 2 --

2 17-10341
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 Heredia-Nieblas the
opportunity to file a pro se supplemental brief. No pro se supplemental brief or
answering brief has been filed.
Heredia-Nieblas 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
(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.
Heredia-Nieblas’s motions to file the supplemental excerpts of record under
seal are GRANTED. The Clerk shall file both volumes of the supplemental
excerpts of record at Docket Entry Nos. 23 and 24, as well as the motions to seal
themselves, under seal.
Counsel’s motion to withdraw is GRANTED.
DISMISSED.

-- 2 of 2 --