United States of America v. Felix Octavio Pichardo

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
FELIX OCTAVIO PICHARDO,
Defendant - Appellant.
No. 10-50006
D.C. No. 2:08-cr-00825-SVW
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Stephen V. Wilson, District Judge, Presiding
Submitted December 19, 2011**
Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges.
Felix Octavio Pichardo appeals from his guilty-plea conviction and
96-month sentence for bank fraud and aiding and abetting and causing an act to be
done in violation of 18 U.S.C. §§ 2, 1344(1). Pursuant to Anders v. California,
386 U.S. 738 (1967), Pichardo’s counsel has filed a brief stating there are no
FILED
DEC 23 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

10-50006 2
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. A
pro se supplemental brief has been filed.
Pichardo waived his right to appeal his sentence. Our independent review of
the record pursuant to Penson v. Ohio, 488 U.S. 75, 80-81 (1988), indicates that
the appeal waiver is operative. Accordingly, we dismiss the appeal in part. See
United States v. Nguyen, 235 F.3d 1179, 1182 (9th Cir.2000).
With regard to Pichardo’s conviction, our independent review of the record
discloses no arguable grounds for relief on direct appeal, and we affirm.
Counsel’s motion to withdraw is GRANTED.
AFFIRMED in part; DISMISSED in part.

-- 2 of 2 --