United States v. 2020-10-29 | 20-30072 | USA V. JUSTIN HOFF | nonprecedential | memorandum disposition |

20-30072Court of Appeals for the Ninth CircuitOct 29, 2020

Full text

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v.

JUSTIN GENE HOFF,

Defendant-Appellant.

No. 20-30072

D.C. No.
3:18-cr-00060-TMB-DMS-1

MEMORANDUM
*

Appeal from the United States District Court
for the District of Alaska
Timothy M. Burgess, District Judge, Presiding

Submitted October 26, 2020
**

Before: McKEOWN, RAWLINSON, and FRIEDLAND, Circuit Judges.

Justin Gene Hoff appeals from the district court’s judgment and challenges
the 92-month sentence imposed following his guilty-plea conviction for being a
felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1) and
924(a)(2). Pursuant to Anders v. California, 386 U.S. 738 (1967), Hoff’s counsel

*
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

OCT 29 2020

MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

2 20-30072
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 Hoff the opportunity to file a
pro se supplemental brief. No pro se supplemental brief or answering brief has
been filed.
Hoff waived his right to appeal his 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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