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NOT FOR PUBLICATION FEB 25 2015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