Filed: Jun. 09, 2020
Latest Update: Jun. 09, 2020
Summary: NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUN 9 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 19-30131 Plaintiff-Appellee, D.C. No. 1:18-cr-00086-DCN-1 v. MEMORANDUM* VAUDENCIA CEBALLOS HAMILTON, Defendant-Appellant. Appeal from the United States District Court for the District of Idaho David C. Nye, District Judge, Presiding Submitted June 2, 2020** Before: LEAVY, PAEZ, and BENNETT, Circuit Judges. Vaudencia Ceballos Hamilton
Summary: NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUN 9 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 19-30131 Plaintiff-Appellee, D.C. No. 1:18-cr-00086-DCN-1 v. MEMORANDUM* VAUDENCIA CEBALLOS HAMILTON, Defendant-Appellant. Appeal from the United States District Court for the District of Idaho David C. Nye, District Judge, Presiding Submitted June 2, 2020** Before: LEAVY, PAEZ, and BENNETT, Circuit Judges. Vaudencia Ceballos Hamilton ..
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NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUN 9 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 19-30131
Plaintiff-Appellee, D.C. No. 1:18-cr-00086-DCN-1
v.
MEMORANDUM*
VAUDENCIA CEBALLOS HAMILTON,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Idaho
David C. Nye, District Judge, Presiding
Submitted June 2, 2020**
Before: LEAVY, PAEZ, and BENNETT, Circuit Judges.
Vaudencia Ceballos Hamilton appeals from the district court’s judgment and
challenges her guilty-plea conviction and 240-month sentence for conspiracy to
distribute fentanyl and methamphetamine resulting in serious bodily injury and
death, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(C), and 846. Pursuant to
*
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).
Anders v. California,
386 U.S. 738 (1967), Hamilton’s counsel has filed a brief
stating that there are no grounds for relief, along with a motion to withdraw as
counsel of record. Hamilton has filed a pro se supplemental opening brief, and the
government has filed a motion to dismiss.
Hamilton waived her right to appeal her 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). Hamilton’s pro se
argument that the waiver is unenforceable because she received ineffective
assistance of counsel is unavailing; hers is not one of the “unusual cases” in which
we may review claims of ineffective assistance of counsel on direct appeal. See
United States v. Rahman,
642 F.3d 1257, 1259-60 (9th Cir. 2011). We accordingly
GRANT the government’s motion to dismiss the appeal. See
id. at 1260.
Hamilton’s pro se motion for leave to file a pro se supplemental brief is
denied as moot, and her request for oral argument is DENIED. The government’s
motion to submit a sealed document is GRANTED. The Clerk will file under seal
the plea agreement at Docket Entry No. 26-2, and publicly the motion at Docket
Entry No. 26-1.
Counsel’s motion to withdraw is GRANTED.
DISMISSED.
2 19-30131