United States v. Danny Warner, Jr. , 535 F. App'x 604 ( 2013 )

FILED
NOT FOR PUBLICATION AUG 01 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 12-10419
Plaintiff - Appellee, D.C. No. 3:12-cr-08014-NVW
v.
MEMORANDUM *
DANNY LEE WARNER, Jr.,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
Neil V. Wake, District Judge, Presiding
Submitted July 24, 2013 **
Before: ALARCÓN, CLIFTON, and CALLAHAN, Circuit Judges.
Danny Lee Warner, Jr., appeals from the district court’s judgment and
challenges his guilty-plea conviction and 63-month sentence for being a felon in
possession of a firearm and ammunition, in violation of 18 U.S.C. § 924(g)(1),
(a)(2). Pursuant to Anders v. California, 386 U.S. 738 (1967), Warner’s counsel
*
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).
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 Warner the opportunity to file a
pro se supplemental brief. No pro se supplemental brief or answering brief has
been filed.
Warner has waived his right to appeal his conviction and 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 12-10419