United States of America v. Allan Aquino Lafuente

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NOT FOR PUBLICATION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.
ALLAN AQUINO LAFUENTE,
Defendant - Appellant.
No. 09-10415
D.C. No. 1:06-cr-00095-DAE
MEMORANDUM*
Appeal from the United States District Court
for the District of Hawaii
David A. Ezra, District Judge, Presiding
Submitted September 10, 2012**
Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.
Allan Aquino Lafuente appeals from his jury-trial conviction and 300-month
sentence for conspiracy to distribute and possess with intent to distribute 50 grams
or more of methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1),
FILED
SEP 19 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-10415 2
841(b)(1)(A), and 846; distribution of five or more grams of methamphetamine, in
violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B); distribution of 50 grams or more
of methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A); and
possession of a firearm during and in relation to a drug trafficking crime, in
violation of 18 U.S.C. § 924(c)(1)(A). Pursuant to Anders v. California, 386 U.S.
738 (1967), Lafuente’s counsel has filed a brief stating there are no grounds for
relief, along with a motion to withdraw as counsel of record. Lafuente filed a pro
se supplemental brief. No 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.
Counsel’s motion to withdraw is GRANTED.
AFFIRMED.

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