United States of America v. Alejandro Verdugo-Felix

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NOT FOR PUBLICATION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.
ALEJANDRO VERDUGO-FELIX,
Defendant - Appellant.
No. 10-10341
D.C. No. 2:09-cr-01050-SRB
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Susan R. Bolton, District Judge, Presiding
Submitted September 27, 2011**
Before: HAWKINS, SILVERMAN, and W. FLETCHER, Circuit Judges.
Alejandro Verdugo-Felix appeals from his guilty-plea conviction and
78-month sentence for conspiracy to possess with intent to distribute 500 grams or
more of cocaine, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B), 846.
Pursuant to Anders v. California, 386 U.S. 738 (1967), Verdugo-Felix’s counsel
FILED
SEP 30 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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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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