USA V. XOCHITL PADILLA-BARRON, No. 11-10526 (9th Cir. 2013)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS JAN 08 2013 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff -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. 11-10526 D.C. No. 2:09-CR-01355-NVW v. MEMORANDUM * XOCHITL PADILLA-BARRON, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona Neil V. Wake, District Judge, Presiding Submitted December 19, 2012 ** Before: GOODWIN, WALLACE, and FISHER, Circuit Judges. Xochitl Padilla-Barron appeals from the district court s judgment and challenges her guilty-plea conviction and 198-month sentence for conspiracy to commit hostage taking, in violation of 18 U.S.C. § 1203(a). Pursuant to Anders v. * 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). California, 386 U.S. 738 (1967), Padilla-Barron 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 Padilla-Barron the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed. Padilla-Barron has waived her right to appeal her 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. Padilla-Barron s motion to file late supplemental excerpts of record under seal is GRANTED. Padilla-Barron s pro se motion for appointment of new counsel is DENIED. DISMISSED. 2 11-10526

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