United States of America v. Anabel Ocegueda

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NOT FOR PUBLICATION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.
ANABEL OCEGUEDA,
Defendant - Appellant.
No. 12-50259
D.C. No. 3:12-cr-00509-CAB
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Cathy Ann Bencivengo, District Judge, Presiding
Submitted September 24, 2013**
Before: RAWLINSON, N.R. SMITH, and CHRISTEN, Circuit Judges.
Anabel Ocegueda appeals from the district court’s judgment and challenges
her guilty-plea conviction and 168-month sentence for importation of
methamphetamine, in violation of 21 U.S.C. §§ 952, 960. Pursuant to Anders v.
California, 386 U.S. 738 (1967), Ocegueda’s counsel has filed a brief stating that
FILED
OCT 03 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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12-50259 2
there are no grounds for relief, along with a motion to withdraw as counsel of
record. We have provided Ocegueda the opportunity to file a pro se supplemental
brief. No pro se supplemental brief or answering brief has been filed.
Ocegueda has waived her right to appeal her 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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