USA V. FERNANDO AYALA-RAMOS, No. 14-50481 (9th Cir. 2015)

Annotate this Case

Download PDF

FILED AUG 31 2015 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 14-50481 D.C. No. 2:09-cr-00242-PA v. MEMORANDUM* FERNANDO NELSON AYALARAMOS, a.k.a. Jose, a.k.a. Nelson Fernando Ramos-Ayala, Defendant - Appellant. Appeal from the United States District Court for the Central District of California Percy Anderson, District Judge, Presiding Submitted August 25, 2015** Before: McKEOWN, CLIFTON, and HURWITZ, Circuit Judges. Fernando Nelson Ayala-Ramos appeals from the district court’s judgment and challenges his guilty-plea conviction and 87-month sentence for conspiracy to interfere with commerce by robbery, in violation of 18 U.S.C. § 1951, and * 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). possession of a firearm in furtherance of a drug trafficking crime and a crime of violence, in violation of 18 U.S.C. § 924(c)(1)(A). Pursuant to Anders v. California, 386 U.S. 738 (1967), Ayala-Ramos’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 Ayala-Ramos the opportunity to file a pro se supplemental brief. No pro se supplemental brief or 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 Ayala-Ramos’s conviction. We accordingly affirm Ayala-Ramos’s conviction. Ayala-Ramos waived the right to appeal his sentence. Because the record discloses no arguable issue as to the validity of the sentencing waiver, we dismiss Ayala-Ramos’s appeal as to his sentence. See United States v. Watson, 582 F.3d 974, 986-88 (9th Cir. 2009). Counsel’s motion to withdraw is GRANTED. AFFIRMED in part; DISMISSED in part. 2 14-50481

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.