United States v. Juan Tapia-Quintero

FILED NOT FOR PUBLICATION APR 01 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 08-10519 Plaintiff - Appellee, D.C. No. 2:07-CR-00261-FJM v. MEMORANDUM * JUAN TAPIA-QUINTERO, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona Frederick J. Martone, District Judge, Presiding Submitted March 16, 2010 ** Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges. Juan Tapia-Quintero appeals from his guilty-plea conviction and aggregate 230-month sentence for conspiracy to possess with intent to distribute 500 grams * 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). EF/Research or more of methamphetamine and five kilograms or more of cocaine, in violation of 21 U.S.C. § 846, conspiracy to commit money laundering, in violation of 18 U.S.C. § 1956(h), and possession or use of a firearm during and in relation to a drug trafficking offense, in violation of 18 U.S.C. § 924(c)(1). Pursuant to Anders v. California, 386 U.S. 738 (1967), Tapia-Quintero’s counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided the appellant with the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed. Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80-81 (1988), discloses no arguable grounds for relief on direct appeal. Accordingly, counsel’s motion to withdraw is GRANTED, and the district court’s judgment is AFFIRMED. EF/Research 2 08-10519