United States of America v. Epati Malauulu

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
EPATI MALAUULU,
Defendant-Appellant.
No. 17-10207
D.C. No. 2:15-cr-00124-KJM
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
Kimberly J. Mueller, District Judge, Presiding
Submitted April 11, 2018**
Before: SILVERMAN, PAEZ, and OWENS, Circuit Judges.
Epati Malauulu appeals from the district court’s judgment and challenges his
guilty-plea conviction and 240-month sentence for conspiracy to distribute and
possess with intent to distribute at least 500 grams of a mixture and substance
containing a detectable amount of methamphetamine, in violation of 21 U.S.C.
* 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
APR 13 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 17-10207
§§ 841(a)(1) and 846. Pursuant to Anders v. California, 386 U.S. 738 (1967),
Malauulu’s counsel has filed a brief stating that there are no grounds for relief,
along with a motion to withdraw as counsel of record. Malauulu has filed a
“Supplemental Brief for Appointment of Counsel,” which we treat as a pro se
supplemental opening brief. No answering brief has been filed.
Malauulu 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.
To the extent that the forfeiture order falls outside the scope of the waiver,
we affirm as to that issue.
We decline to address on direct appeal Malauulu’s pro se claim of
ineffective assistance of counsel. See United States v. Rahman, 642 F.3d 1257,
1260 (9th Cir. 2011).
Counsel’s motion to withdraw is GRANTED.
Malauulu’s request for appointment of new counsel is DENIED.
AFFIRMED in part; DISMISSED in part.

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