Opinion
No. 10-10554
12-21-2011
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. WAINE EDWARD VASSEL, a.k.a. Harper, Defendant - Appellant.
NOT FOR PUBLICATION
D.C. No. 2:09-cr-00317-FJM
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
Frederick J. Martone, District Judge, Presiding
Submitted December 19, 2011
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
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Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges.
Waine Edward Vassel appeals from his guilty-plea conviction and 108-month sentence imposed for possession with the intent to deliver marijuana, in violation of 21 U.S.C. §§ 846, 841(a)(1) and 841(b)(1)(B)(vii). Pursuant to Anders v. California, 386 U.S. 738 (1967), Vassel'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).
Counsel's motion to withdraw is GRANTED.
DISMISSED.