United States v. Adan Crespo

FILED NOT FOR PUBLICATION MAY 17 2013 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 11-10612 Plaintiff - Appellee, D.C. No. 2:10-cr-00320-MCE v. MEMORANDUM * ADAN LOPEZ CRESPO, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of California Morrison C. England, Jr., Chief Judge, Presiding Submitted May 14, 2013 ** Before: LEAVY, THOMAS, and MURGUIA, Circuit Judges. Adan Lopez Crespo appeals from the district court’s judgment and challenges his guilty-plea conviction and 102-month sentence for conspiracy to manufacture at least 1,000 marijuana plants, in violation of 21 U.S.C. § 846. Pursuant to Anders v. California, 386 U.S. 738 (1967), Lopez Crespo’s counsel has * 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). filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. Lopez Crespo has filed a pro se supplemental brief, and the government has filed an answering brief. Lopez Crespo has waived his right to appeal his conviction and 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 11-10612