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United States v. Ortega-Diaz

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 16, 2012
485 F. App'x 900 (9th Cir. 2012)

Opinion

No. 11-10486 D.C. No. 2:08-cr-00357-WBS

10-16-2012

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ADRIAN ORTEGA-DIAZ, Defendant - Appellant.


NOT FOR PUBLICATION


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


Appeal from the United States District Court

for the Eastern District of California

William B. Shubb, District Judge, Presiding

Before: RAWLINSON, MURGUIA, and WATFORD, Circuit Judges.

Adrian Ortega-Diaz appeals from his guilty-plea conviction and 135-month sentence for conspiracy to possess with intent to distribute over 50 grams of methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and 846; and conspiracy to manufacture over 1,000 plants of marijuana, in violation of 21 U.S.C. §§ 841(a)(1) and 846. Pursuant to Anders v. California, 386 U.S. 738 (1967), Ortega-Diaz's counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided Ortega-Diaz 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. We dismiss in light of the valid appeal waiver. See United States v. Watson, 582 F.3d 974, 988 (9th Cir. 2009).

Counsel's motion to withdraw is GRANTED.

DISMISSED.


Summaries of

United States v. Ortega-Diaz

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 16, 2012
485 F. App'x 900 (9th Cir. 2012)
Case details for

United States v. Ortega-Diaz

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ADRIAN ORTEGA-DIAZ…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Oct 16, 2012

Citations

485 F. App'x 900 (9th Cir. 2012)