United States v. Edgardo Solorio-Camacho

FILED NOT FOR PUBLICATION JUN 21 2013 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 12-10184 Plaintiff - Appellee, D.C. No. 2:11-cr-00118-MCE v. MEMORANDUM * EDGARDO SOLORIO-CAMACHO, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of California Morrison C. England, Jr., Chief Judge, Presiding Submitted June 18, 2013 ** Before: TALLMAN, M. SMITH, and HURWITZ, Circuit Judges. Edgardo Solorio-Camacho appeals from the district court’s judgment and challenges his guilty-plea conviction and 168-month sentence for possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841(a)(1). Pursuant to Anders v. California, 386 U.S. 738 (1967), Solorio-Camacho’s counsel * 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). 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 Solorio-Camacho the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed. Solorio-Camacho 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. Solorio-Camacho’s motion for appointment of substitute counsel is DENIED. DISMISSED. 2 12-10184