United States v. Guadalupe Castillo-Alvarado , 633 F. App'x 467 ( 2016 )

FILED
NOT FOR PUBLICATION MAR 21 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 15-10292
Plaintiff - Appellee, D.C. No. 2:15-cr-00122-JJT
v.
MEMORANDUM*
GUADALUPE ANTONIO CASTILLO-
ALVARADO,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
John J. Tuchi, District Judge, Presiding
Submitted March 15, 2016**
Before: GOODWIN, LEAVY, and CHRISTEN, Circuit Judges.
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
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
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.
2 15-10292