United States of America v. Oscar Rafael Zamudio-Duran, a.k.a. Oscar Zamudio-Duran

12-10435Court of Appeals for the Ninth CircuitFeb 27, 2014

Full text

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
OSCAR RAFAEL ZAMUDIO-DURAN,
a.k.a. Oscar Zamudio-Duran,
Defendant - Appellant.
No. 12-10435
D.C. No. 2:10-cr-01351-NVW
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Neil V. Wake, District Judge, Presiding
Submitted February 18, 2014**
Before: ALARCÓN, O’SCANNLAIN, and FERNANDEZ, Circuit Judges.
Oscar Rafael Zamudio-Duran appeals from the district court’s judgment and
challenges the 108-month sentence imposed following his guilty-plea conviction
for conspiracy to commit money laundering, in violation of 18 U.S.C.
FILED
FEB 27 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 panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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§ 1956(a)(1)(A)(i), (h). Pursuant to Anders v. California, 386 U.S. 738 (1967),
Zamudio-Duran’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
Zamudio-Duran the opportunity to file a pro se supplemental brief. No pro se
supplemental brief or answering brief has been filed.
Zamudio-Duran has waived his right to appeal his 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.
12-10435 2

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