Opinion
No. 15-10164
02-29-2016
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. INDALECIO CASTRO-PONCE, a.k.a. Chito, Defendant - Appellant.
NOT FOR PUBLICATION
D.C. No. 2:12-cr-01363-SRB MEMORANDUM Appeal from the United States District Court for the District of Arizona
Susan R. Bolton, District Judge, Presiding Before: LEAVY, FERNANDEZ, and RAWLINSON, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Indalecio Castro-Ponce appeals from the district court's judgment and challenges the 216-month sentence imposed upon resentencing, following his jury-trial conviction for conspiracy to possess with intent to distribute methamphetamine and possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A)(viii). Pursuant to Anders v. California, 386 U.S. 738 (1967), Castro-Ponce's counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. Castro-Ponce has filed a pro se supplemental brief. No 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. We do not consider Castro-Ponce's pro se challenges to his conviction, which was previously affirmed by this court. See United States v. Castro-Ponce, No. 13-10377, 2014 WL 5421584 (9th Cir. Oct. 24, 2014).
Counsel's motion to withdraw is GRANTED.
AFFIRMED.