U.S. Court of Appeals for the Ninth Circuit, 2010

United States v. Jorge Cabrera-Urtusuastegui

United States v. Jorge Cabrera-Urtusuastegui
U.S. Court of Appeals for the Ninth Circuit · Decided September 7, 2010 · Leavy, Hawkins, Thomas
395 F. App'x 370

United States v. Jorge Cabrera-Urtusuastegui

Opinion

MEMORANDUM **

Jorge Cabrera-Urtusuastegui appeals from the 90-month sentence imposed following his guilty-plea conviction for conspiracy to possess with intent to distribute approximately 119.5 kilograms of cocaine, in violation of 21 U.S.C. §§ 841(a)(1) and (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), Cabrera-Urtusuastegui’s counsel 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, 109 S.Ct. 346, 102 L.Ed.2d 300 (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).

*371 Counsel’s motion to withdraw is GRANTED.

DISMISSED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.

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