United States of America v. Isauro Jauregui Catalan

14-10021Court of Appeals for the Ninth Circuit1 set 2015

Testo completo

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ISAURO JAUREGUI CATALAN,
Defendant - Appellant.
No. 14-10021
D.C. No. 2:06-cr-00441-GEB
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
Garland E. Burrell, Jr., District Judge, Presiding
Submitted August 25, 2015**
Before: McKEOWN, CLIFTON, and HURWITZ, Circuit Judges.
Isauro Jauregui Catalan appeals from the district court’s judgment and
challenges his guilty-plea conviction and 121-month sentence for conspiracy to
distribute and to possess with intent to distribute cocaine, in violation of 21 U.S.C.
§§ 841(a)(1), 846. Pursuant to Anders v. California, 386 U.S. 738 (1967),
FILED
SEP 01 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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Catalan’s counsel has filed a brief stating that there are no grounds for relief, along
with a motion to withdraw as counsel of record. Catalan filed pro se supplemental
briefs, and the government filed an answering brief.
Catalan 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 Catalan argues in his pro se briefs that counsel provided
ineffective assistance, we decline to address this issue on direct appeal. See United
States v. Rahman, 642 F.3d 1257, 1259-60 (9th Cir. 2011).
Counsel’s motion to withdraw is GRANTED.
DISMISSED.
14-10021 2

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