Opinion
No. 10-10580 D.C. No. 4:09-cr-01120-DCB
02-23-2012
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MANUEL DE JESUS RUAN-ROCHIN, a.k.a. Manuel Ruan-Rochin, 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NOT FOR PUBLICATION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 District of Arizona
David C. Bury, District Judge, Presiding
Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.
Manuel de Jesus Ruan-Rochin appeals from the 60-month sentence imposed following his guilty-plea conviction for possession with intent to distribute approximately 1,601 kilograms of marijuana, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(A)(vii). Pursuant to Anders v. California, 386 U.S. 738 (1967), Ruan-Rochin'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 the appellant with 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, 80-81 (1988), discloses no arguable grounds for relief on direct appeal. We dismiss in light of the valid appeal waiver. See United States v. Nguyen, 235 F.3d 1179, 1182 (9th Cir. 2000).
The motion to file a corrected brief is granted. The amended brief received on December 2, 2011, is deemed filed.
Counsel's motion to withdraw is GRANTED.
DISMISSED.