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FILED NOT FOR PUBLICATION OCT 22 2013 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 12-10306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Precedential Status: Non-Precedential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