United States v. Rafael Rios-Barraza ( 2016 )

FILED
NOT FOR PUBLICATION AUG 01 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 15-10200
Plaintiff-Appellee, D.C. No. 2:13-cr-00066-NVW
v.
MEMORANDUM*
RAFAEL RIOS-BARRAZA, a.k.a. Rafa,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Arizona
Neil V. Wake, District Judge, Presiding
Submitted July 26, 2016**
Before: SCHROEDER, CANBY, and CALLAHAN, Circuit Judges.
Rafael Rios-Barraza appeals from the district court’s judgment and
challenges his guilty-plea conviction and 78-month sentence for possession with
intent to distribute methamphetamine, in violation of 21 U.S.C. § 841(a)(1),
(b)(1)(A). Pursuant to Anders v. California, 386 U.S. 738 (1967), Rios-Barraza’s
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
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 Rios-Barraza the
opportunity to file a pro se supplemental brief. No pro se supplemental brief or
answering brief has been filed.
Rios-Barraza 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 15-10200