United States v. Jose Venegas-Sagaste , 543 F. App'x 624 ( 2013 )


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  •                                                                                FILED
    NOT FOR PUBLICATION                                 OCT 22 2013
    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. 12-10306
    Plaintiff - Appellee,             D.C. No. 2:10-cr-00248-JCM
    v.
    MEMORANDUM *
    JOSE VENEGAS-SAGASTE,
    Defendant - Appellant.
    Appeal from the United States District Court
    for the District of Nevada
    James C. Mahan, District Judge, Presiding
    Submitted October 15, 2013 **
    Before:        FISHER, GOULD, and BYBEE, Circuit Judges.
    Jose Venegas-Sagaste appeals from the district court’s judgment and
    challenges his guilty-plea conviction and 120-month sentence for conspiracy to
    distribute a controlled substance, in violation of 21 U.S.C. §§ 841(a)(1),
    841(b)(1)(A)(viii), and 846. Pursuant to Anders v. California, 
    386 U.S. 738
    *
    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).
    (1967), Venegas-Sagaste’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 Venegas-Sagaste the opportunity to file a pro se supplemental brief. No
    pro se supplemental brief or answering brief has been filed.
    Venegas-Sagaste has 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.
    Counsel’s motion to withdraw is GRANTED.
    DISMISSED.
    2                                     12-10306
    

Document Info

Docket Number: 12-10306

Citation Numbers: 543 F. App'x 624

Filed Date: 10/22/2013

Precedential Status: Non-Precedential

Modified Date: 4/17/2021