United States v. Marcos Velazquez , 610 F. App'x 713 ( 2015 )

FILED
NOT FOR PUBLICATION JUL 29 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 14-10312
Plaintiff - Appellee, D.C. No. 2:12-cr-00877-JAT
v.
MEMORANDUM*
MARCOS VELAZQUEZ,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
James A. Teilborg, District Judge, Presiding
Submitted July 21, 2015**
Before: CANBY, BEA, and MURGUIA, Circuit Judges.
Marcos Velazquez appeals from the district court’s judgment and challenges
his guilty-plea conviction and 60-month sentence for conspiracy to possess with
intent to distribute marijuana, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(B)(vii),
846. Pursuant to Anders v. California, 386 U.S. 738 (1967), Velazquez’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 Velazquez the opportunity to
file a pro se supplemental brief. No pro se supplemental brief or answering brief
has been filed.
Velazquez 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 14-10312