FILED
NOT FOR PUBLICATION OCT 16 2012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. 10-30291
Plaintiff - Appellee, D.C. No. 4:09-cr-00154-BLW
v.
MEMORANDUM *
ALFONZO ROJAS-TENA,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Idaho
B. Lynn Winmill, Chief Judge, Presiding
Submitted October 9, 2012 **
Before: RAWLINSON, MURGUIA, and WATFORD, Circuit Judges.
Alfonzo Rojas-Tena appeals from his guilty-plea conviction and 70-month
sentence for conspiracy to distribute 50 grams or more of actual methamphetamine,
in violation of 21 U.S.C. §§ 841(a)(1) and 846. Pursuant to Anders v. California,
*
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).
386 U.S. 738 (1967), Rojas-Tena’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 Rojas-Tena 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 (1988), discloses no arguable grounds for relief on direct appeal. We
dismiss in light of the valid appeal waiver. See United States v. Watson, 582 F.3d
974, 988 (9th Cir. 2009).
Counsel’s motion to withdraw is GRANTED.
DISMISSED.
2 10-30291