USA V. JOSE GARCIA RODRIGUEZ, No. 21-10366 (9th Cir. 2022)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED NOV 21 2022 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, No. U.S. COURT OF APPEALS 21-10366 D.C. No. 4:19-cr-00614-PJH-1 v. MEMORANDUM* JOSE DE JESUS GARCIA RODRIGUEZ, AKA Caballo, Defendant-Appellant. Appeal from the United States District Court for the Northern District of California Phyllis J. Hamilton, District Judge, Presiding Submitted November 15, 2022** Before: CANBY, CALLAHAN, and BADE, Circuit Judges. Jose De Jesus Garcia Rodriguez appeals from the district court’s judgment and challenges his guilty-plea conviction and 87-month sentence for distribution of methamphetamine, in violation of 21 U.S.C § 841(a)(1), (b)(1)(C). Pursuant to Anders v. California, 386 U.S. 738 (1967), Rodriguez’s counsel has filed a brief * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided Rodriguez the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed. Rodriguez 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 21-10366

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