United States of America v. Michael Ray Kapp, a.k.a. Michael Kapp

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MICHAEL RAY KAPP, a.k.a. Michael
Kapp,
Defendant - Appellant.
No. 12-10626
D.C. No. 2:11-cr-00739-FJM
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
James G. Carr, District Judge, Presiding**
Submitted January 21, 2014***
Before: CANBY, SILVERMAN, and PAEZ, Circuit Judges.
Michael Ray Kapp appeals from the district court’s judgment and challenges
his guilty-plea conviction and 210-month sentence for possession with intent to
FILED
JAN 23 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The Honorable James G. Carr, Senior United States District Judge for
the Northern District of Ohio, sitting by designation.
*** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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distribute 50 grams or more of methamphetamine, in violation of 21 U.S.C.
§ 841(a)(1) and (b)(1)(A)(viii); and possession of a firearm in furtherance of a drug
trafficking crime, in violation of 18 U.S.C. § 924(c)(1)(A)(i). Pursuant to Anders
v. California, 386 U.S. 738 (1967), Kapp’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 Kapp the opportunity to file a pro se supplemental brief.
No pro se supplemental brief or answering brief has been filed.
Kapp 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.
Kapp’s pro se motion to seal this appeal is DENIED. The motion, the
Anders brief, and the excerpts of record shall remain under seal.
DISMISSED.
12-10626 2

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