USA V. TERRELL MCBRIDE, No. 11-10646 (9th Cir. 2013)

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FILED JAN 16 2013 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 11-10646 D.C. No. 2:10-cr-00577-GMN v. MEMORANDUM* TERRELL LAMAR MCBRIDE, Defendant - Appellant. Appeal from the United States District Court for the District of Nevada Gloria M. Navarro, District Judge, Presiding Submitted January 15, 2013** Before: SILVERMAN, BEA, and NGUYEN, Circuit Judges. Terrell Lamar McBride appeals from district court s judgment and challenges his guilty-plea conviction and 131-month sentence for armed bank robbery, in violation of 18 U.S.C. § 2113(a) and (d); and possession, use, and * 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). carrying a firearm during, in relation to, and in furtherance of a crime of violence, in violation of 18 U.S.C. § 924(c)(1)(A). Pursuant to Anders v. California, 386 U.S. 738 (1967), McBride 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 McBride the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed. McBride 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 11-10646

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