United States v. Plancarte-Barrera

370 F. App'x 801

Opinion

FILED NOT FOR PUBLICATION MAR 09 2010

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. 07-10568

Plaintiff - Appellee, D.C. No. CR-06-00914-JAT

v. MEMORANDUM * WALTER GUADALUPE PLANCARTE- BARRERA, Defendant - Appellant.

Appeal from the United States District Court for the District of Arizona James A. Teilborg, District Judge, Presiding

Submitted February 16, 2010 **

Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.

Walter Guadalupe Plancarte-Barrera appeals from his guilty-plea conviction

and mid-guidelines 147-month sentence imposed for conspiracy to possess with

intent to distribute 500 grams or more of a mixture or substance containing a

* 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).

DAT/Research detectable amount of methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1),

(b)(1)(A), & 846.

Pursuant to Anders v. California, 386 U.S. 738 (1967), Plancarte-Barrera’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 has 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.

Accordingly, counsel’s motion to withdraw is GRANTED, and the district

court’s judgment is AFFIRMED.

DAT/Research 2 07-10568