FILED
NOT FOR PUBLICATION DEC 04 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 12-10448
Plaintiff - Appellee, D.C. No. 3:11-cr-00903-WHA
v.
MEMORANDUM*
JOSE JIMENEZ,
Defendant - Appellant.
Appeal from the United States District Court
for the Northern District of California
William Alsup, District Judge, Presiding
Submitted November 19, 2013**
Before: CANBY, TROTT, and THOMAS, Circuit Judges.
Jose Jimenez appeals from the district court’s judgment and challenges the
87-month sentence imposed following his guilty-plea conviction for conspiracy to
distribute methamphetamine and to possess methamphetamine with intent to
distribute, in violation of 21 U.S.C. § 846; and possession of methamphetamine
*
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).
with intent to distribute, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A)(viii).
Pursuant to Anders v. California, 386 U.S. 738 (1967), Jimenez’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 Jimenez the opportunity to file a pro se
supplemental brief. No pro se supplemental brief or answering brief has been
filed.
Jimenez 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 12-10448