United States of America v. Jose Alvidrez-Ubanda

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NOT FOR PUBLICATION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.
JOSE ALVIDREZ-UBANDA,
Defendant - Appellant.
No. 11-10146
D.C. No. 2:10-cr-00204-JCM
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
James C. Mahan, District Judge, Presiding
Submitted February 21, 2012**
Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.
Jose Alvidrez-Ubanda appeals from his guilty-plea conviction and 57-month
sentence for possession of a controlled substance with intent to distribute, in
violation of 21 U.S.C. § 841(a)(1), (b)(1)(A)(viii). Pursuant to Anders v.
FILED
FEB 23 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-10146 2
California, 386 U.S. 738 (1967), Alvidrez-Ubanda’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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