United States of America v. Roberto Manuel Rojas

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
ROBERTO MANUEL ROJAS,
Defendant-Appellant.
No. 21-30051
D.C. No. 1:19-cr-00134-DCN-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Idaho
David C. Nye, District Judge, Presiding
Submitted September 14, 2021**
Before: PAEZ, NGUYEN, and OWENS, Circuit Judges.
Roberto Manuel Rojas appeals from the district court’s judgment and
challenges his guilty-plea conviction, 262-month sentence, and $1,000.00 fine for
distribution of methamphetamine, in violation of 21 U.S.C § 841(a) and (b)(1)(A).
Pursuant to Anders v. California, 386 U.S. 738 (1967), Rojas’s counsel has filed a
* 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
SEP 16 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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brief stating that there are no grounds for relief, along with a motion to withdraw
as counsel of record. We have provided Rojas the opportunity to file a pro se
supplemental brief. No pro se supplemental brief or answering brief has been
filed.
Rojas 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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