Filed: Jun. 11, 2020
Latest Update: Jun. 11, 2020
Summary: NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUN 11 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 19-50154 Plaintiff-Appellee, D.C. No. 2:18-cr-00687-RGK-1 v. MEMORANDUM* ADOLFO ROSALES LOZANO, AKA Adolfo Lozano, AKA Rogelio, Defendant-Appellant. Appeal from the United States District Court for the Central District of California R. Gary Klausner, District Judge, Presiding Submitted June 2, 2020** Before: LEAVY, PAEZ, and BENNETT,
Summary: NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUN 11 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 19-50154 Plaintiff-Appellee, D.C. No. 2:18-cr-00687-RGK-1 v. MEMORANDUM* ADOLFO ROSALES LOZANO, AKA Adolfo Lozano, AKA Rogelio, Defendant-Appellant. Appeal from the United States District Court for the Central District of California R. Gary Klausner, District Judge, Presiding Submitted June 2, 2020** Before: LEAVY, PAEZ, and BENNETT, ..
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NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUN 11 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 19-50154
Plaintiff-Appellee, D.C. No. 2:18-cr-00687-RGK-1
v.
MEMORANDUM*
ADOLFO ROSALES LOZANO, AKA
Adolfo Lozano, AKA Rogelio,
Defendant-Appellant.
Appeal from the United States District Court
for the Central District of California
R. Gary Klausner, District Judge, Presiding
Submitted June 2, 2020**
Before: LEAVY, PAEZ, and BENNETT, Circuit Judges.
Adolfo Rosales Lozano appeals from the district court’s judgment and
challenges his guilty-plea convictions and aggregate 180-month sentence for
possession with intent to distribute methamphetamine, in violation of 21 U.S.C.
§ 841(a)(1), (b)(1)(A)(iii), and carrying a firearm during and in relation to a drug
*
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).
trafficking crime, in violation of 18 U.S.C. § 924(c)(1)(A)(i). Pursuant to Anders
v. California,
386 U.S. 738 (1967), Lozano’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 Lozano the opportunity to file a pro se supplemental
brief. No pro se supplemental brief or answering brief has been filed.
Lozano 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 most 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 the voluntariness of Lozano’s plea or any sentencing issues 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.
AFFIRMED in part; DISMISSED in part.
2 19-50154