United States of America v. Andres Reyes Zapata

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NOT FOR PUBLICATION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.
ANDRES REYES ZAPATA,
Defendant - Appellant.
No. 11-30260
D.C. No. 2:09-cr-00152-LRS
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of Washington
Lonny R. Suko, District Judge, Presiding
Submitted January 15, 2013**
Before: SILVERMAN, BEA, and NGUYEN, Circuit Judges.
Andres Reyes Zapata appeals from the district court’s judgment and
challenges his guilty-plea conviction and 120-month sentence for possession with
intent to distribute 50 grams or more of a mixture of substance containing
FILED
JAN 16 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-30260 2
methamphetamine, in violation of 21 U.S.C. § 841(a)(1); and possession of a
firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C.
§ 924(c). Pursuant to Anders v. California, 386 U.S. 738 (1967), Reyes Zapata’s
counsel has filed a brief stating that there are no grounds for relief, along with a
motion to withdraw as counsel of record. We have provided Reyes Zapata the
opportunity to file a pro se supplemental brief. No pro se supplemental brief or
answering brief has been filed.
Reyes Zapata has waived his right to appeal his conviction and sentence.
Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80
(1988), discloses no arguable issue as to the validity of the waiver. See United
States v. Watson, 582 F.3d 974, 986-88 (9th Cir. 2009). We accordingly dismiss
the appeal. See id. at 988.
Counsel’s motion to withdraw is GRANTED.
DISMISSED.

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