FILED
NOT FOR PUBLICATION FEB 15 2013
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. 10-50584
Plaintiff - Appellee, D.C. No. 2:09-cr-01013-PSG
v.
MEMORANDUM *
MARIA TOLEDO-FIERROS, a.k.a. Mari,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Philip S. Gutierrez, District Judge, Presiding
Submitted February 11, 2013 **
Before: FERNANDEZ, TASHIMA, and WARDLAW, Circuit Judges.
Maria Toledo-Fierros appeals from the district court’s judgment and
challenges the 70-month sentence imposed following her guilty-plea conviction for
conspiracy to aid and assist inadmissible aliens to enter the United States, in
*
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).
violation of 8 U.S.C. § 1327. Pursuant to Anders v. California, 386 U.S. 738
(1967), Toledo-Fierros’s counsel has filed a brief stating that there are no grounds
for relief, along with a motion to withdraw as counsel of record. We have
provided Toledo-Fierros the opportunity to file a pro se supplemental brief. No
pro se supplemental brief or answering brief has been filed.
Toledo-Fierros has waived her right to appeal her 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 10-50584