USA V. FABIAN VAKSMAN, No. 11-30302 (9th Cir. 2012)

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FILED SEP 19 2012 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 11-30302 D.C. No. 2:11-cr-00074-WFN v. MEMORANDUM * FABIAN VAKSMAN, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Washington Wm. Fremming Nielsen, District Judge, Presiding Submitted September 10, 2012 ** Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges. Fabian Vanksman appeals from his guilty-plea conviction and 10-month sentence for contempt of court, in violation of 18 U.S.C. § 401(3). Pursuant to Anders v. California, 386 U.S. 738 (1967), Vaksman s counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as 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). of record. We have provided Vaksman with the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed. Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80 (1988), discloses no arguable grounds for relief on direct appeal. We dismiss in light of the valid appeal waiver. See United States v. Nguyen, 235 F.3d 1179, 1182 (9th Cir. 2000). Vaksman s pro se request for appointment of substitute counsel, pro se motions for certification to the Washington Supreme Court, and pro se supplemental motions for certification to the Washington Supreme Court are DENIED. Counsel s motion to withdraw is GRANTED. DISMISSED. 2 11-30302

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