United States of America v. Jesus Antonio Diaz-Flores, a.k.a. Jesus Diaz-Flores

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
JESUS ANTONIO DIAZ-FLORES, a.k.a.
Jesus Diaz-Flores,
Defendant-Appellant.
No. 17-10064
D.C. No. 2:15-cr-00114-APG
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Andrew P. Gordon, District Judge, Presiding
Submitted January 16, 2018**
Before: REINHARDT, TROTT, and HURWITZ, Circuit Judges.
Jesus Antonio Diaz-Flores appeals from the district court’s judgment and
challenges his guilty-plea conviction and 120-month sentence for possession with
intent to distribute a controlled substance, in violation of 21 U.S.C. § 841(a)(1),
(b)(1)(A)(i). Pursuant to Anders v. California, 386 U.S. 738 (1967), Diaz-Flores’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
JAN 19 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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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 Diaz-Flores the
opportunity to file a pro se supplemental brief. No pro se supplemental brief or
answering brief has been filed.
Diaz-Flores 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.
Counsel’s motion to withdraw is GRANTED.
DISMISSED.

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