FILED
NOT FOR PUBLICATION JUN 17 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 12-50151
Plaintiff - Appellee, D.C. No. 2:10-cr-00456-CAS
v.
MEMORANDUM*
XAVIER CANO, a.k.a. Xavier Edgardo
Cano, a.k.a. Javier,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Christina A. Snyder, District Judge, Presiding
Submitted June 10, 2013**
Before: HAWKINS, McKEOWN, and BERZON, Circuit Judges.
Xavier Cano appeals from the district court’s judgment and challenges the
70-month sentence imposed following his guilty-plea conviction for possession
with intent to distribute and distribution of methamphetamine, in violation of 21
*
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).
U.S.C. § 841(a)(1). Pursuant to Anders v. California, 386 U.S. 738 (1967), Cano’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 Cano the opportunity
to file a pro se supplemental brief. No pro se supplemental brief or answering brief
has been filed.
Cano waived his right to appeal five specified issues related to his 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 appeal waiver or as to
any sentencing issue that would be outside the scope of the appeal waiver.
Counsel’s motion to withdraw is GRANTED.
AFFIRMED.
2 12-50151