United States v. Carlos Robles-Lopez

FILED NOT FOR PUBLICATION AUG 19 2013 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 12-10322 Plaintiff - Appellee, D.C. No. 4:10-cr-01999-RCC v. MEMORANDUM * CARLOS EDUARDO ROBLES-LOPEZ, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona William F. Downes, District Judge, Presiding ** Submitted August 14, 2013 *** Before: SCHROEDER, GRABER, and PAEZ, Circuit Judges. Carlos Eduardo Robles-Lopez appeals from the district court’s judgment and challenges the 51-month sentence imposed following his guilty-plea conviction for * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable William F. Downes, United States District Judge for the District of Wyoming, sitting by designation. *** 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 cocaine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A)(ii)(II). Pursuant to Anders v. California, 386 U.S. 738 (1967), Robles-Lopez’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 Robles- Lopez the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed. Robles-Lopez has waived his right to appeal his 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 12-10322