United States of America v. Everardo Olais Rocha

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
EVERARDO OLAIS ROCHA,
Defendant - Appellant.
No. 12-30282
D.C. No. 2:11-cr-00159-RAJ
MEMORANDUM*
Appeal from the United States District Court
for the Western District of Washington
Richard A. Jones, District Judge, Presiding
Submitted January 21, 2014**
Before: CANBY, SILVERMAN, and PAEZ, Circuit Judges.
Everardo Olais Rocha appeals from the district court’s judgment and
challenges his guilty-plea conviction and 168-month sentence for conspiracy to
distribute methamphetamine and heroin, in violation of 21 U.S.C. §§ 841(a)(1),
841(b)(1)(A), and 846; and conspiracy to engage in money laundering, in violation
FILED
JAN 27 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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of 18 U.S.C. § 1956. Pursuant to Anders v. California, 386 U.S. 738 (1967),
Rocha’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 Rocha 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 (1988), discloses no arguable grounds for relief as to Rocha’s conviction.
We accordingly affirm the conviction.
Rocha waived the right to appeal his sentence. Because the record discloses
no arguable issue as to the validity of the appeal waiver, we dismiss Rocha’s
appeal as to his sentence. See United States v. Watson, 582 F.3d 974, 986-88 (9th
Cir. 2009).
Counsel’s motion to withdraw is GRANTED.
AFFIRMED in part; DISMISSED in part.
12-30282 2

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