FILED
NOT FOR PUBLICATION JUL 21 2010
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. 09-30195
Plaintiff - Appellee, D.C. No. 2:08-cr-00374-RSM
v.
MEMORANDUM *
JOSE SANTANA GODOY,
Defendant - Appellant.
Appeal from the United States District Court
for the Western District of Washington
Ricardo S. Martinez, District Judge, Presiding
Submitted June 29, 2010 **
Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges.
Jose Santana Godoy appeals from his guilty-plea conviction and 60-month
sentence for conspiracy to distribute methamphetamine, in violation of 21 U.S.C.
§§ 841(a)(1), 841(b)(1)(B), and 846. Pursuant to Anders v. California, 386 U.S.
*
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).
738 (1967), Godoy’s counsel has filed a brief stating there are no grounds for
relief, along with a motion to withdraw as counsel of record. We have provided
the appellant with the opportunity to file a pro se supplemental brief. No pro se
supplemental brief or answering brief has been filed.
Our independent review of the record pursuant to Penson v. Ohio, 488 U.S.
75, 80-81 (1988), discloses no arguable grounds for relief on direct appeal. We
dismiss the appeal of the sentence in light of the valid appeal waiver. See United
States v. Nguyen, 235 F.3d 1179, 1182 (9th Cir. 2000).
Counsel’s motion to withdraw is GRANTED.
The conviction is AFFIRMED, and the appeal of the sentence is
DISMISSED.
2 09-30195