FILED
NOT FOR PUBLICATION APR 11 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 13-10349
Plaintiff - Appellee, D.C. No. 2:12-cr-00172-MMD
v.
MEMORANDUM*
GERMAN PACHECO-HERNANDEZ,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Nevada
Miranda Du, District Judge, Presiding
Submitted April 7, 2014**
Before: TASHIMA, GRABER, and IKUTA, Circuit Judges.
German Pacheco-Hernandez appeals from the district court’s judgment and
challenges his guilty-plea conviction and 70-month sentence for possession with
intent to distribute methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and
(b)(1)(B)(viii). Pursuant to Anders v. California, 386 U.S. 738 (1967), Pacheco-
*
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).
Hernandez’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 Pacheco-
Hernandez the opportunity to file a pro se supplemental brief. No pro se
supplemental brief or answering brief has been filed.
Pacheco-Hernandez has waived the 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 13-10349