United States v. Jesus Palafox-Cardenas

FILED NOT FOR PUBLICATION APR 22 2013 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 11-10143 Plaintiff - Appellee, D.C. No. 2:10-cr-00157-SMM v. MEMORANDUM * JESUS MANUEL PALAFOX- CARDENAS, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona Stephen M. McNamee, District Judge, Presiding Submitted April 16, 2013 ** Before: CANBY, IKUTA, and WATFORD, Circuit Judges. Jesus Manuel Palafox-Cardenas appeals from the district court’s judgment and challenges his guilty-plea conviction and 72-month sentence for conspiracy to possess with intent to distribute and possession with intent to distribute * 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). methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A)(viii) and 846. Pursuant to Anders v. California, 386 U.S. 738 (1967), Palafox-Cardenas’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 Palafox-Cardenas 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. Counsel’s motion to withdraw is GRANTED. AFFIRMED. 2 11-10143