U.S. Court of Appeals for the Ninth Circuit, 2013

United States v. Xavier Cano

United States v. Xavier Cano
U.S. Court of Appeals for the Ninth Circuit · Decided June 17, 2013 · Hawkins, McKeown, Berzon
528 F. App'x 743

United States v. Xavier Cano

Opinion

MEMORANDUM **

Xavier Cano appeals from the district court’s judgment and challenges the 70-month sentence imposed following his guilty-plea conviction for possession with intent to distribute and distribution of methamphetamine, in violation of 21 U.S.C. § 841(a)(1). Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Cano’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 Cano the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.

Cano waived his right to appeal five specified issues related to his 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 appeal waiver or as to any sentencing issue that would be outside the scope of the appeal waiver.

Counsel’s motion to withdraw is GRANTED.

AFFIRMED.

**

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

Case-law data current through December 31, 2025. Source: CourtListener bulk data.