United States of America v. Daniel Luis Valentin

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
DANIEL LUIS VALENTIN,
Defendant-Appellant.
No. 17-10554
D.C. No. 2:16-cr-00506-DGC-2
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
David G. Campbell, District Judge, Presiding
Submitted March 12, 2019**
Before: LEAVY, BEA, and N.R. SMITH, Circuit Judges.
Daniel Luis Valentin appeals from the district court’s judgment and
challenges his guilty-plea conviction and 18-month sentence for conspiracy to
distribute a controlled substance analogue, in violation of 21 U.S.C. §§ 813,
841(a)(1), 841(b)(1)(C), and 846. Pursuant to Anders v. California, 386 U.S. 738
* 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
MAR 18 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 17-10554
(1967), Valentin’s counsel has filed a brief stating that there are no grounds for
relief, along with a motion to withdraw as counsel of record. Valentin has filed a
pro se supplemental brief. No answering brief has been filed.
Our independent review of the record pursuant to Penson v. Ohio, 488 U.S.
75, 80 (1988), discloses no arguable grounds for relief as to Valentin’s conviction.
We accordingly affirm Valentin’s conviction.
Valentin waived the right to appeal his sentence. Because the record
discloses no arguable issue as to the validity of the sentencing waiver, we dismiss
Valentin’s appeal as to his sentence. See United States v. Watson, 582 F.3d 974,
986-88 (9th Cir. 2009).
We decline to address on direct appeal Valentin’s pro se claim of ineffective
assistance of counsel. See United States v. Rahman, 642 F.3d 1257, 1259-60 (9th
Cir. 2011).
The Clerk shall serve this disposition on Valentin individually both at Reg.
No. 60688-408, Residential Reentry Office, 230 N. First Avenue, Suite 405,
Phoenix, AZ 85003, as well as the address that was provided to the court at Docket
Entry No. 30.
Counsel’s motion to withdraw is GRANTED.
AFFIRMED in part; DISMISSED in part.

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