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12-10162•United States of America v. Franklin Espino-Zamora, a.k.a. Franklin Ivan Espino-Zamora
12-10162Court of Appeals for the Ninth CircuitOct 22, 2013
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NOT FOR PUBLICATION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.
FRANKLIN ESPINO-ZAMORA, a.k.a.
Franklin Ivan Espino-Zamora,
Defendant - Appellant.
No. 12-10162
D.C. No. 2:11-cr-00158-JCM
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
James C. Mahan, District Judge, Presiding
Submitted October 15, 2013**
Before: FISHER, GOULD, and BYBEE, Circuit Judges.
Franklin Espino-Zamora appeals from the district court’s judgment and
challenges his guilty-plea conviction and 15-month sentence for being an illegal
alien in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(5)(A) and
FILED
OCT 22 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS
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12-10162 2
924(a)(2). Pursuant to Anders v. California, 386 U.S. 738 (1967), Espino-
Zamora’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 Espino-Zamora
the opportunity to file a pro se supplemental brief. No pro se supplemental brief or
answering brief has been filed.
Espino-Zamora 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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