United States v. Gavino-Mariscal

MEMORANDUM *** Raymundo Gavino-Mariscal appeals from the district court’s judgment and challenges his guilty-plea conviction and 120-month sentence for conspiracy to possess with intent to distribute heroin, in violation of 21 U.S.C. §§ 841 (a)(1), (b)(1)(A)®; and 846; and conspiracy to possess with intent to distribute cocaine, in violation of 21 U.S.C. §§ 841 (a)(1), (b)(l)(A)(ii)(II); and 846. Pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), Gavino-Mariscal’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 Gavino-Mariscal the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed. Gavino-Mariscal 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 , 109 S.Ct. 346 , 102 L.Ed.2d 300 (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. disposition is not appropriate for publication and except as provided by 9th Cir. R. 36-3.