USA V. JOSE DAMIANO, No. 11-10594 (9th Cir. 2013)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS APR 22 2013 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 11-10594 D.C. No. 2:10-cr-00282-ROS v. MEMORANDUM* JOSE ARMANDO DAMIANO, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona Roslyn O. Silver, Chief Judge, Presiding Submitted April 16, 2013** Before: CANBY, IKUTA, and WATFORD, Circuit Judges. Jose Armando Damiano appeals from the district court s judgment and challenges his guilty-plea conviction and 111-month sentence for conspiracy to possess with intent to distribute methamphetamine, in violation of 21 U.S.C. * 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). §§ 841(a)(1), (b)(1)(A)(viii); and 846; and possession with intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A)(viii). Pursuant to Anders v. California, 386 U.S. 738 (1967), Damiano 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 Damiano 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. Counsel s motion to withdraw is GRANTED. AFFIRMED. 2 11-10594

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