United States v. Gustavo Orozco-Quintero ( 2022 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS FEB 18 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 21-10172
Plaintiff-Appellee, D.C. No.
4:18-cr-02067-RCC-EJM-5
v.
GUSTAVO ALFONSO OROZCO- MEMORANDUM*
QUINTERO, AKA Gustavo Orozco-
Quintero, AKA Tito,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Arizona
Raner C. Collins, District Judge, Presiding
Submitted February 15, 2022**
Before: FERNANDEZ, TASHIMA, and FRIEDLAND, Circuit Judges.
Gustavo Alfonso Orozco-Quintero appeals from his guilty-plea conviction
and 96-month sentence. See 21 U.S.C. §§ 841(a)(1), (b)(1)(A)(vi), and 846.
Pursuant to Anders v. California, 386 U.S. 738 (1967), Orozco-Quintero’s counsel
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
has filed a brief stating that there are no grounds for relief, along with a motion to
withdraw as counsel of record. We have provided Orozco-Quintero the
opportunity to file a pro se supplemental brief. No pro se supplemental brief or
answering brief has been filed.
Orozco-Quintero waived his right to appeal his conviction and sentence.
Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80
(1988), discloses no arguable issue as to the validity of the waiver. See United
States v. Watson, 582 F.3d 974, 986-88 (9th Cir. 2009). We accordingly dismiss
the appeal. See id. at 988.
We remand the case to the district court with instructions to amend the
judgment to reflect the correct description of the offense of conviction: conspiracy
to possess with intent to distribute fentanyl, in violation of 21 U.S.C. §§ 841(a)(1),
(b)(1)(A)(vi), and 846.
Counsel’s motion to withdraw is GRANTED.
DISMISSED; REMANDED to correct the judgment.
2 21-10172