United Statesv.Corral

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUITOct 16, 2012
No. 11-50395 (9th Cir. 2012)
No. 11-50395485 Fed. Appx. 898

No. 11-50395 D.C. No. 2:10-cr-01353-RGK

10-16-2012

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. EDUARDO CORRAL, a.k.a. Eduardo Flores Corral, a.k.a. Eduardo Mendoza Corral, a.k.a. Edwardo Corral, a.k.a. Huero, a.k.a. Eduardo Corral Mendoza, a.k.a. Edward Mendoza, Defendant - Appellant.


NOT FOR PUBLICATION


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


Appeal from the United States District Court

for the Central District of California

R. Gary Klausner, District Judge, Presiding

Before: RAWLINSON, MURGUIA, and WATFORD, Circuit Judges.

Eduardo Corral appeals from his guilty-plea conviction and 135-month sentence for distribution of methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C), and transfer of a machine gun, in violation of 18 U.S.C. § 922(o)(1). Pursuant to Anders v. California, 386 U.S. 738 (1967), Corral's counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. Corral filed a pro se brief and the government filed a motion to dismiss the appeal.

Corral waived his right to appeal his conviction, with the exception of an appeal based on a claim that his plea was involuntary. He also waived the right to appeal five specified issues related to his sentence. 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 Corral's plea or any sentencing issue outside the scope of the appeal waiver. We therefore affirm as to those issues. We dismiss the remainder of the appeal in light of the valid appeal waiver. See United States v. Watson, 582 F.3d 974, 988 (9th Cir. 2009).

Counsel's motion to withdraw is GRANTED.

The government's motion to dismiss is GRANTED in part.

Corral's pro se motion to dismiss the government's August 7, 2012, reply brief is DENIED.

AFFIRMED in part; DISMISSED in part.