United States v. Juan Rivas Del Castillo

FILED NOT FOR PUBLICATION MAY 27 2014 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 12-10095 Plaintiff - Appellee, D.C. No. 4:11-cr-02026-DCB v. MEMORANDUM* JUAN MARTIN RIVAS DEL CASTILLO, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona David C. Bury, District Judge, Presiding Submitted May 13, 2014** Before: CLIFTON, BEA, and WATFORD, Circuit Judges. Juan Martin Rivas del Castillo appeals from the district court’s judgment and challenges his guilty-plea conviction and 144-month sentence for possession with * 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). 12-10095 intent to distribute methamphetamine and cocaine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A); and importation of methamphetamine and cocaine, in violation of 21 U.S.C. §§ 952(a), 960(a)(1), and 960(b)(1). Pursuant to Anders v. California, 386 U.S. 738 (1967), Rivas del Castillo’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. Rivas del Castillo has filed pro se supplemental opening and reply briefs and the government has filed an answering brief. Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80 (1988), discloses no arguable grounds for relief on direct appeal. Counsel’s motion to withdraw is GRANTED. AFFIRMED. 2 12-10095