United States of America v. Mario Gonzalez Rubio Garcia, a.k.a. Hugo Ortiz, a.k.a. Johnny

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NOT FOR PUBLICATION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.
MARIO GONZALEZ RUBIO GARCIA,
a.k.a. Hugo Ortiz, a.k.a. Johnny,
Defendant - Appellant.
No. 11-30187
D.C. No. 3:10-cr-05373-BHS
MEMORANDUM*
Appeal from the United States District Court
for the Western District of Washington
Benjamin H. Settle, District Judge, Presiding
Submitted September 10, 2012**
Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.
Mario Gonzalez Rubio Garcia appeals from the 120-month sentence
imposed following his guilty-plea conviction for conspiracy to distribute heroin, in
violation of 21 U.S.C. §§ 841(a)(1), 841 (b)(1)(A), and 846; and conspiracy to
FILED
SEP 13 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-30187 2
commit money laundering, in violation of 18 U.S.C. § 1956(a)(1)(A)(i),
(a)(1)(B)(i), and (h). Pursuant to Anders v. California, 386 U.S. 738 (1967),
Garcia’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 Garcia 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 (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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