FILED
NOT FOR PUBLICATION NOV 28 2011
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. 10-50362
Plaintiff - Appellee, D.C. No. 2:08-cr-01061-VBF
v.
MEMORANDUM *
PEGGY SUE LIENDO VELASQUEZ,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Valerie Baker Fairbank, District Judge, Presiding
Submitted November 21, 2011 **
Before: TASHIMA, BERZON, and TALLMAN, Circuit Judges.
Peggy Sue Liendo Velasquez appeals from her guilty-plea conviction and
120-month sentence for conspiracy to distribute methamphetamine, in violation of
21 U.S.C. § 846. Pursuant to Anders v. California, 386 U.S. 738 (1967),
*
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).
Velasquez’s counsel has filed a brief stating there are no grounds for relief, along
with a motion to withdraw as counsel of record.
In her pro se supplemental brief, Velasquez contends that her trial counsel
was ineffective, and also challenges the amount of drugs attributed to her.
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. We
decline to address Velasquez’s claim of ineffective assistance of counsel on direct
appeal as the record is insufficiently developed and her legal representation was
not so inadequate that it can be concluded at this point that she obviously was
denied his Sixth Amendment right to counsel. See United States v. McKenna, 327
F.3d 830, 845 (9th Cir. 2003) (“Claims of ineffective assistance of counsel are
generally inappropriate on direct appeal.”).
Counsel’s motion to withdraw is GRANTED.
AFFIRMED.
2 10-50362