USA V. FACUNDO LOPEZ-PEREZ, No. 16-10072 (9th Cir. 2017)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS JUL 17 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, No. 16-10072 D.C. No. 1:14-cr-00045-AWI-BAM-1 v. FACUNDO LOPEZ-PEREZ, a.k.a. Jose Huerta Maldonado, a.k.a. Israel Lopez Zasueta, MEMORANDUM* Defendant-Appellant. Appeal from the United States District Court for the Eastern District of California Anthony W. Ishii, District Judge, Presiding Submitted July 13, 2017** Before: HUG, FARRIS, and CANBY, Circuit Judges. Facundo Lopez-Perez appeals from the district court’s judgment and challenges his guilty-plea conviction and 210-month sentence for conspiracy to distribute and possess with intent to distribute methamphetamine and heroin, in * 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). violation of 21 U.S.C. §§ 846, 841(a)(1) and (b)(1)(A). Pursuant to Anders v. California, 386 U.S. 738 (1967), Lopez-Perez’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel. We have provided Lopez-Perez the opportunity to file a pro se supplemental brief. Lopez-Perez has filed motion to file a late brief and we have received a pro se supplemental brief from him. Lopez-Perez waived his right to appeal his conviction and sentence. Because the record discloses no arguable issue as to the validity of the appeal waiver, we dismiss the appeal. See United States v. Watson, 582 F.3d 974, 986-88 (9th Cir. 2009). Lopez-Perez’s motion to file a late brief is GRANTED. Counsel’s motion to withdraw is GRANTED. DISMISSED. 2

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