FILED
NOT FOR PUBLICATION JUN 21 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 12-10262
Plaintiff - Appellee, D.C. No. 4:11-cr-02214-JGZ
v.
MEMORANDUM*
JESUS LANDAVAZO-AGUNDEZ,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
Linda R. Reade, District Judge, Presiding**
Submitted June 18, 2013***
Before: TALLMAN, M. SMITH, and HURWITZ, Circuit Judges.
Jesus Landavazo-Agundez appeals from the district court’s judgment and
challenges his guilty-plea conviction and 60-month sentence for possession with
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The Honorable Linda R. Reade, Chief Judge of the United States
District Court for the Northern District of Iowa, sitting by designation.
***
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
intent to distribute cocaine, in violation of 21 U.S.C. § 841(a)(1) and
(b)(1)(A)(ii)(II). Pursuant to Anders v. California, 386 U.S. 738 (1967),
Landavazo-Agundez’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
Landavazo-Agundez the opportunity to file a pro se supplemental brief. No pro se
supplemental brief or answering brief has been filed.
Landavazo-Agundez 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 12-10262