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FILED NOT FOR PUBLICATION DEC 21 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 10-10554 Plaintiff - Appellee, D.C. No. 2:09-cr-00317-FJM v. MEMORANDUM * WAINE EDWARD VASSEL, a.k.a. Harper, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona Frederick J. Martone, District Judge, Presiding Submitted December 19, 2011 ** Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges. Waine Edward Vassel appeals from his guilty-plea conviction and 108- month sentence imposed for possession with the intent to deliver marijuana, in violation of
21 U.S.C. §§ 846, 841(a)(1) and 841(b)(1)(B)(vii). Pursuant to Anders * 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). v. California,
386 U.S. 738(1967), Vassel’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. 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 10-10554
Document Info
Docket Number: 10-10554
Citation Numbers: 462 F. App'x 712
Filed Date: 12/21/2011
Precedential Status: Non-Precedential
Modified Date: 1/12/2023