United States v. Gabriel Guevara

FILED NOT FOR PUBLICATION SEP 04 2014 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 13-50320 Plaintiff - Appellee, D.C. No. 5:12-cr-00052-VAP-1 v. MEMORANDUM* GABRIEL GUEVARA, a.k.a. Guevara Gabriel, a.k.a. Guevara Grabiel, a.k.a. Grabriel Guevara, Defendant - Appellant. Appeal from the United States District Court for the Central District of California Virginia A. Phillips, District Judge, Presiding Submitted July 24, 2014** Before: HUG, FARRIS, and CANBY, Circuit Judges. Gabriel Guevara appeals from the district court’s judgment and challenges his guilty-plea conviction and 156-month sentence for possession of an unregistered firearm, in violation of 26 U.S.C. § 5861(d), and felon in possession * 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). of a firearm, in violation of 18 U.S.C. § 922(g)(1). Pursuant to Anders v. California, 386 U.S. 738 (1967), Guevara’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 Guevara the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed. Guevara has waived his right to appeal his conviction and 156-month sentence. Because the record discloses no arguable issue as to the validity of the appeal waiver, we dismiss the appeal. See United States v. Watson, 582 F.3d 974, 986-88 (9th Cir. 2009). Counsel’s motion to withdraw is GRANTED. DISMISSED. 2