United States v. Terrell McBride

FILED
NOT FOR PUBLICATION JAN 16 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 11-10646
Plaintiff - Appellee, D.C. No. 2:10-cr-00577-GMN
v.
MEMORANDUM*
TERRELL LAMAR MCBRIDE,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Nevada
Gloria M. Navarro, District Judge, Presiding
Submitted January 15, 2013**
Before: SILVERMAN, BEA, and NGUYEN, Circuit Judges.
Terrell Lamar McBride appeals from district court’s judgment and
challenges his guilty-plea conviction and 131-month sentence for armed bank
robbery, in violation of 18 U.S.C. § 2113(a) and (d); and possession, use, and
*
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).
carrying a firearm during, in relation to, and in furtherance of a crime of violence,
in violation of 18 U.S.C. § 924(c)(1)(A). Pursuant to Anders v. California, 386
U.S. 738 (1967), McBride’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 McBride the opportunity to file a pro se supplemental brief. No pro se
supplemental brief or answering brief has been filed.
McBride 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 11-10646