Opinion
No. 15-10292
03-21-2016
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. GUADALUPE ANTONIO CASTILLO-ALVARADO, Defendant - Appellant.
NOT FOR PUBLICATION
D.C. No. 2:15-cr-00122-JJT MEMORANDUM Appeal from the United States District Court for the District of Arizona
John J. Tuchi, District Judge, Presiding Before: GOODWIN, LEAVY, and CHRISTEN, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Guadalupe Antonio Castillo-Alvarado appeals from the district court's judgment and challenges the sentence of 13 months and one day imposed following his guilty-plea conviction for possession with intent to distribute marijuana and aiding and abetting, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(D) and 18 U.S.C. § 2. Pursuant to Anders v. California, 386 U.S. 738 (1967), Castillo-Alvarado'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 Castillo-Alvarado the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.
Castillo-Alvarado waived his right to appeal his 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.