United States v. Javier Cuevas

FILED
NOT FOR PUBLICATION JUL 01 2011
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. 09-10009
Plaintiff - Appellee, D.C. No. 2:07-CR-01178-SRB
v.
MEMORANDUM *
JAVIER MENDOZA CUEVAS,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
Susan R. Bolton, District Judge, Presiding
Submitted June 15, 2011 **
Before: CANBY, O’SCANNLAIN, and FISHER, Circuit Judges.
Javier Mendoza Cuevas appeals from his guilty-plea conviction and
144-month sentence imposed for conspiracy to cultivate more than 1000 marijuana
plants, in violation of 21 U.S.C. §§ 846, 841(a)(1), (b)(1)(A)(vii), and (b)(5).
Pursuant to Anders v. California, 386 U.S. 738 (1967), Mendoza Cuevas’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 there are no grounds for relief, along with a motion to
withdraw as counsel of record. We have provided the appellant with the
opportunity to file a pro se supplemental brief. No pro se supplemental brief or
answering brief has been filed.
Our independent review of the record pursuant to Penson v. Ohio, 488 U.S.
75, 80-81 (1988), discloses no arguable grounds for relief on direct appeal. We
dismiss in light of the valid appeal waiver. See United States v. Nguyen, 235 F.3d
1179, 1182 (9th Cir. 2000).
Counsel’s motion to withdraw is GRANTED.
DISMISSED.
2 09-10009