FILED
NOT FOR PUBLICATION OCT 19 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 14-10154
Plaintiff - Appellee, D.C. No. 2:12-cr-00084-APG
v.
MEMORANDUM*
JONATHAN VERGNETTI,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Nevada
Andrew P. Gordon, District Judge, Presiding
Submitted October 14, 2015**
Before: SILVERMAN, BYBEE, and WATFORD, Circuit Judges.
Jonathan Vergnetti appeals from the district court’s judgment and challenges
his guilty-plea conviction and 24-month sentence for aggravated identity theft, in
violation of 18 U.S.C. § 1028A(a)(1) and (c)(4). Pursuant to Anders v. California,
386 U.S. 738 (1967), Vergnetti’s counsel has filed a brief stating that there are no
*
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).
grounds for relief, along with a motion to withdraw as counsel of record. We have
provided Vergnetti the opportunity to file a pro se supplemental brief. No pro se
supplemental brief or answering brief has been filed.
Vergnetti 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 14-10154