United States v. Michael Atondo ( 2013 )

FILED
NOT FOR PUBLICATION DEC 06 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 12-10137
Plaintiff - Appellee, D.C. No. 2:11-cr-00691-SRB
v.
MEMORANDUM*
MICHAEL ANGELO ATONDO,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
Susan R. Bolton, District Judge, Presiding
Submitted November 19, 2013**
Before: CANBY, TROTT, and THOMAS, Circuit Judges.
Michael Angelo Atondo appeals from the district court’s judgment and
challenges his jury-trial conviction and 96-month sentence for conspiracy to
commit importation of marijuana, in violation of 21 U.S.C. §§ 846, 952(a),
960(a)(1), and 960(b)(2)(G); and conspiracy to possess with intent to distribute and
*
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).
possession with intent to distribute marijuana, in violation of 21 U.S.C.
§§ 841(a)(1), 841(b)(1)(B)(vii), and 846. Pursuant to Anders v. California, 386
U.S. 738 (1967), Atondo’s counsel has filed a brief stating that there are no
grounds for relief, along with a motion to withdraw as counsel of record. Atondo
has filed a pro se supplemental brief. No answering brief has been filed.
Our independent review of the record pursuant to Penson v. Ohio, 488 U.S.
75, 80 (1988), discloses no arguable grounds for relief on direct appeal.
Counsel’s motion to withdraw is GRANTED.
AFFIRMED.
2 12-10137