United States v. Pedro Medrano-Cruz

FILED NOT FOR PUBLICATION JUN 13 2013 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 12-10046 Plaintiff - Appellee, D.C. No. 4:03-cr-00658-CKJ v. MEMORANDUM * PEDRO ENRIQUE MEDRANO-CRUZ, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona J. Michael Seabright, District Judge, Presiding ** Submitted June 10, 2013 *** Before: HAWKINS, McKEOWN, and BERZON, Circuit Judges. Pedro Enrique Medrano-Cruz appeals from the district court’s judgment and challenges the 24-month sentence imposed upon revocation of supervised release. * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable J. Michael Seabright, United States District Judge for the District of Hawaii, sitting by designation. *** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Pursuant to Anders v. California, 386 U.S. 738 (1967), Medrano-Cruz’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 Medrano-Cruz the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed. Medrano-Cruz has waived his right to appeal the sentence imposed upon revocation of supervised release. 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). Counsel’s motion to withdraw is GRANTED. AFFIRMED. 2 12-10046