USA V. ENRIQUE VALENCIA, No. 17-30054 (9th Cir. 2017)

Annotate this Case

Download PDF

FILED NOT FOR PUBLICATION DEC 20 2017 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, U.S. COURT OF APPEALS No. 17-30054 D.C. No. 2:15-cr-00202-JCC v. MEMORANDUM* ENRIQUE AGUILAR VALENCIA, Defendant-Appellant. Appeal from the United States District Court for the Western District of Washington John C. Coughenour, District Judge, Presiding Submitted December 18, 2017** Before: WALLACE, SILVERMAN, and BYBEE, Circuit Judges. Enrique Aguilar Valencia appeals from the district court’s judgment and challenges his guilty-plea conviction and 144-month sentence for conspiracy to distribute controlled substances, in violation of 21 U.S.C. §§ 841(a), (b)(1)(A), and 846; and conspiracy to commit money laundering, in violation of 18 U.S.C. * 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). § 1956(a)(1) and (h). Pursuant to Anders v. California, 386 U.S. 738 (1967), Aguilar Valencia’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 construe the letter submitted by Aguilar Valencia on December 15, 2017, as a pro se supplemental brief. Aguilar Valencia 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. To the extent that Aguilar Valencia seeks to raise a claim of ineffective assistance of counsel, we decline to address this issue on direct appeal. See United States v. Rahman, 642 F.3d 1257, 1259-60 (9th Cir. 2011). Counsel’s motion to withdraw is GRANTED. DISMISSED. 2 17-30054

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.