United States v. Salvador Sanchez, Jr.

FILED NOT FOR PUBLICATION APR 18 2012 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 10-50570 Plaintiff - Appellee, D.C. No. 2:09-cr-01051-GW v. MEMORANDUM * SALVADOR SANCHEZ, Jr., Defendant - Appellant. Appeal from the United States District Court for the Central District of California George H. Wu, District Judge, Presiding Submitted April 17, 2012 ** Before: LEAVY, PAEZ, and BEA, Circuit Judges. Salvador Sanchez, Jr., appeals from his guilty-plea conviction for bank robbery, in violation of 18 U.S.C. § 2113(a); his jury-trial conviction for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1); and a concurrent 180-month sentence. Pursuant to Anders v. California, 386 U.S. 738 * 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). (1967), Sanchez’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 with respect to either of Sanchez’s convictions, or the 180-month sentence imposed for being a felon in possession of a firearm. We dismiss Sanchez’s appeal of the 180-month sentence imposed for bank robbery in light of the valid appeal waiver. See United States v. Nguyen, 235 F.3d 1179, 1182 (9th Cir. 2000). Counsel’s motion to withdraw is GRANTED. Sanchez’s convictions and the sentence imposed for being a felon in possession of a firearm are AFFIRMED. Sanchez’s appeal of the sentence imposed for bank robbery is DISMISSED. 2 10-50570