United States of America v. Luis Rodriguez

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NOT FOR PUBLICATION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.
LUIS RODRIGUEZ,
Defendant - Appellant.
No. 12-10100
D.C. No. 2:11-cr-00327-JAT
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
James A. Teilborg, District Judge, Presiding
Submitted June 18, 2013**
Before: TALLMAN, M. SMITH, and HURWITZ, Circuit Judges.
Luis Rodriguez appeals from the district court’s judgment and challenges his
jury-trial conviction and 70-month sentence for possession with intent to distribute
marijuana, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(B)(vii). Pursuant to Anders
v. California, 386 U.S. 738 (1967), Rodriguez’s counsel has filed a brief stating
FILED
JUN 24 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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12-10100 2
that there are no grounds for relief, along with a motion to withdraw as counsel of
record. We have provided Rodriguez 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.
Counsel’s motion to withdraw is GRANTED and her requests for a ruling
are DENIED as moot.
AFFIRMED.

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