United States of America v. Eduardo Robles Luzania

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
EDUARDO ROBLES LUZANIA,
Defendant-Appellant.
No. 16-10451
D.C. No. 2:15-cr-01548-DJH
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Diane J. Humetewa, District Judge, Presiding
Submitted January 16, 2018**
Before: REINHARDT, TROTT, and HURWITZ, Circuit Judges.
Eduardo Robles Luzania appeals from the district court’s judgment and
challenges his guilty-plea convictions and 110-month concurrent sentences for
conspiracy to distribute cocaine and possession with intent to distribute
methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A)(ii),
* 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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2 16-10451
(b)(1)(B)(viii), and 846, and conspiracy to launder monetary instruments, in
violation of 18 U.S.C. § 1956(h). Pursuant to Anders v. California, 386 U.S. 738
(1967), Luzania’s 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
Luzania the opportunity to file a pro se supplemental brief. No pro se
supplemental brief or answering brief has been filed.
Luzania 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.
We remand the case to the district court with instructions to correct the
judgment to reflect that the concurrent term of supervised release on Count Three,
a Class C felony, is three years.
Counsel’s motion to withdraw is GRANTED.
DISMISSED; REMANDED to correct the judgment.

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