Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number

UNITED STATES OF AMERICA, Plaintiff-Appellee, v. Joel TORRES, aka Joel Hector Torres, aka Tony, Defendant-Appellant.

188 F.3d 510 (9th Cir. 1999) UNITED STATES OF AMERICA, Plaintiff-Appellee, v. Joel TORRES, aka Joel Hector Torres, aka Tony, Defendant-Appellant. No. 98-10453. No. CR-98-5077-REC United States Court of Appeals, Ninth Circuit August 13, 1999

Submitted August 10, 1999.

The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA9 Rule 36-3 regarding use of unpublished opinions)

Appeal from the United States District Court for the Eastern District of California, Robert E. Coyle, District Judge, Presiding.

Before BROWNING, SCHROEDER and PREGERSON, Circuit Judges.

MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.

Joel Torres appeals his conviction by guilty plea and 188-month sentence for conspiracy to distribute heroin and possession of heroin with the intent to distribute. His attorney has filed a motion to withdraw as counsel of record pursuant to Anders v. California, 386 U.S. 738 (1967), and a brief stating that she can identify no issues for review and that Torres waived the right to appeal his conviction in his plea agreement.

Our examination of counsel's brief and our independent review of the record under Penson v. Ohio, 488 U.S. 75, 83 (1988), indicates that Torres's waiver of the right to appeal his conviction was valid. Accordingly, that part of Torres's appeal will be dismissed. See United States v. Bolinger, 940 F.2d 478, 480 (9th Cir.1991) (dismissing appeal where defendant knowingly and voluntarily waives right to appeal and is sentenced in accordance with plea agreement).

We also conclude, after reviewing the record, that there are no sentencing issues for review. Therefore, counsel's motion to withdraw is GRANTED, the appeal from Torres's sentence is AFFIRMED, and the appeal from Torres's conviction is DISMISSED.

Use AI to get other relevant cases.

Comments

U.S. v. Torres
(Aug 13, 1999)