United States v. Jose Pineda

• Court: Court of Appeals for the Ninth Circuit
• Decided: March 15, 2011
• Docket: 10-10218
• Status: Unpublished

Opinion

FILED NOT FOR PUBLICATION MAR 15 2011

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 10-10218

Plaintiff - Appellee, D.C. No. 5:09-cr-01045-JF

v. MEMORANDUM * JOSE ALAN PINEDA, a.k.a. Juan Antonio Burgos-Skerrett,

Defendant - Appellant.

Appeal from the United States District Court for the Northern District of California Jeremy D. Fogel, District Judge, Presiding

Submitted March 8, 2011 **

Before: FARRIS, LEAVY, and BYBEE, Circuit Judges.

Jose Alan Pineda appeals from his guilty-plea conviction and 108-month

sentence for conspiracy to distribute five kilograms or more of cocaine

hydrochloride, in violation of 21 U.S.C. §§ 846 and 841(b)(1)(A). Pursuant to

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 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), Pineda’s counsel has filed a brief

stating there are no grounds for relief, along with a motion to withdraw as counsel

of record. We have provided the appellant with the opportunity to file a pro se

supplemental brief. No pro se supplemental brief or answering brief have been

filed.

Our independent review of the record pursuant to Penson v. Ohio, 488 U.S.

75, 80-81 (1988), discloses no arguable grounds for relief on direct appeal. We

dismiss in light of the valid appeal waiver. See United States v. Nguyen, 235 F.3d

1179, 1182 (9th Cir. 2000).

Counsel’s motion to withdraw is GRANTED.

DISMISSED.

2 10-10218