USA V. JAIME GARCIA-ONTIVEROS, No. 13-10442 (9th Cir. 2014)

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FILED JUN 17 2014 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 13-10442 D.C. No. 4:12-cr-02134-RCC v. MEMORANDUM* JAIME GARCIA-ONTIVEROS, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona Timothy M. Burgess, District Judge, Presiding** Submitted June 12, 2014*** Before: McKEOWN, WARDLAW, and M. SMITH, Circuit Judges. Jaime Garcia-Ontiveros appeals from the district court s judgment and challenges his guilty-plea conviction and 60-month sentence for conspiracy to * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable Timothy M. Burgess, United States District Judge for the District of Alaska, sitting by deisgnation. *** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). possess with intent to distribute marijuana, in violation of 21 U.S.C. § 846. Pursuant to Anders v. California, 386 U.S. 738 (1967), Garcia-Ontiveros 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 Garcia-Ontiveros the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed. Garcia-Ontiveros 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 13-10442

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