United States v. Rojas-Tena

486 F. App'x 639

• Court: Court of Appeals for the Ninth Circuit
• Decided: October 16, 2012
• Docket: No. 10-30291
• Status: Published

Opinion

MEMORANDUM

**

Alfonzo Rojas-Tena appeals from his guilty-plea conviction and 70-month sentence for conspiracy to distribute 50 grams or more of actual methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and 846. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Rojas-Tena’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 Rojas-Tena 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, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), discloses no arguable grounds for relief on direct appeal. We dismiss 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.

DISMISSED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.