United States v. Anthony Vassallo, III

FILED NOT FOR PUBLICATION FEB 25 2015 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 13-10372 Plaintiff - Appellee, D.C. No. 2:09-cr-00179-GEB v. MEMORANDUM* ANTHONY VASSALLO, III, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of California Garland E. Burrell, Jr., District Judge, Presiding Submitted February 17, 2015** Before: O’SCANNLAIN, LEAVY, and FERNANDEZ, Circuit Judges. Anthony Vassallo, III, appeals from the district court’s judgment and challenges his guilty-plea conviction and 192-month sentence for wire fraud, in violation of 18 U.S.C. § 1343. Pursuant to Anders v. California, 386 U.S. 738 (1967), Vassallo’s counsel has filed a brief stating that there are no grounds for * 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). relief, along with a motion to withdraw as counsel of record. We have provided Vassallo the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed. Vassallo has waived his 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 13-10372