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FILED NOT FOR PUBLICATION JUN 21 2013 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 11-50242 Plaintiff - Appellee, D.C. No. 2:07-cr-01172-DDP v. MEMORANDUM* DAVID RODRIGUEZ, a.k.a. Little Player, a.k.a. Player, Defendant - Appellant. Appeal from the United States District Court for the Central District of California Dean D. Pregerson, District Judge, Presiding Submitted June 18, 2013** Before: TALLMAN, M. SMITH, and HURWITZ, Circuit Judges. David Rodriguez appeals from the district court’s judgment and challenges the 97-month sentence imposed following his guilty-plea conviction for racketeer influenced and corrupt organizations conspiracy, in violation of
18 U.S.C. § 1962. * 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). Pursuant to Anders v. California,
386 U.S. 738(1967), Rodriguez’s counsel 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 Rodriguez the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed. Rodriguez waived his right to appeal five specified issues related to his sentence. Our independent review of the record pursuant to Penson v. Ohio,
488 U.S. 75, 80 (1988), discloses no arguable grounds for relief as to any sentencing issue outside the scope of the appeal waiver. We therefore affirm as to those issues. We dismiss the remainder of the appeal 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. AFFIRMED in part; DISMISSED in part. 2 11-50242
Document Info
Docket Number: 11-50242
Citation Numbers: 530 F. App'x 651
Judges: Hurwitz, Smith, Tallman
Filed Date: 6/21/2013
Precedential Status: Non-Precedential
Modified Date: 8/6/2023