FILED

NOT FOR PUBLICATION FEB 27 2014

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 12-10435

Plaintiff - Appellee, D.C. No. 2:10-cr-01351-NVW v.

MEMORANDUM* OSCAR RAFAEL ZAMUDIO-DURAN, a.k.a. Oscar Zamudio-Duran,

Defendant - Appellant.

Appeal from the United States District Court

for the District of Arizona

Neil V. Wake, District Judge, Presiding

Submitted February 18, 2014** Before: ALARCÓN, O’SCANNLAIN, and FERNANDEZ, Circuit Judges.

Oscar Rafael Zamudio-Duran appeals from the district court’s judgment and challenges the 108-month sentence imposed following his guilty-plea conviction for conspiracy to commit money laundering, in violation of 18 U.S.C.

*

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). § 1956(a)(1)(A)(i), (h). Pursuant to Anders v. California, 386 U.S. 738 (1967), Zamudio-Duran’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 Zamudio-Duran the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.

Zamudio-Duran has waived his right to appeal his 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 12-10435