United States of America v. Jorge Cabrera-Urtusuastegui

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NOT FOR PUBLICATION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.
JORGE CABRERA-URTUSUASTEGUI,
Defendant - Appellant.
No. 09-10223
D.C. No. 4:07-cr-01349-CKJ
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Cindy K. Jorgenson, District Judge, Presiding
Submitted August 23, 2010**
Before: LEAVY, HAWKINS, and THOMAS, Circuit Judges.
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)(1)(A)(ii)(II) and 846. Pursuant to Anders v. California,
FILED
SEP 07 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-10223 2
386 U.S. 738 (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 (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).
Counsel’s motion to withdraw is GRANTED.
DISMISSED.

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